AUSPUBLAW congratulates Mikaela Smith on winning the 2020 Sir Anthony Mason Constitutional Law prize, and is pleased to publish an edited version of her winning essay.
BY MIKAELA SMITH
In the recent case of Love v Commonwealth; Thoms v … Read the rest
BY BRUCE DYER
Dual citizen parliamentarians are banned under Australia’s Constitution – even if they don’t know of their foreign citizenship. The far-reaching implications of this are evident from Re Canavan and Re Gallagher.
The dual citizen ban results … Read the rest
BY GABRIELLE APPLEBY
In those final days of August, when we watched, once again, an Australian political party overthrow the leader who led it to its last electoral victory, serious questions were raised about the eligibility of the protagonist, Mr … Read the rest
By ANNE TWOMEY
While the failure of Peter Dutton’s leadership challenge took some heat out of the question of his potential disqualification from Parliament, it left unresolved whether his seat has been vacated due to a breach of s 44 … Read the rest
BY TONY BLACKSHIELD
Section 44 of the Constitution – which provides that various categories of persons are incapable of being chosen to sit in the federal Parliament – has been the subject of extraordinary controversy since 2017. In this post, … Read the rest
BY HELEN IRVING
In his AUSPUBLAW blog post on 6 November 2017 discussing Justice Edelman’s dissent in Graham v Minister for Immigration and Border Protection  HCA 33, Julian R Murphy finds evidence of a particular, conservative commitment on … Read the rest
BY JULIAN R MURPHY
Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … Read the rest