This paper looks at how section 44 has been interpreted by the High Court and whether it remains relevant in the modern world. It also examines proposals for reform and whether there is any merit in modifying or deleting the section through a referendum.
Australia’s founders knew the circumstances and expectations of Australian society would change over time. To address this, they ensured Australian citizens could amend the Constitution, via a referendum, to reflect contemporary expectations. But quite rightly, it is not an easy process to change the rules...
Unwilling to confront the genuine and ongoing problems now the dual citizen genie is out of the bottle, the government says candidates for parliament simply need to get their paperwork in order.
The present case turns on just how wide the “all reasonable steps” exception is held to be. Does section 44 just require a person to take all reasonable steps within their power to renounce, regardless of whether that renunciation is actually effective?
Donald Trump’s ability to reshape the office, probe the boundaries of American political discourse and transform America’s place in the world will be a product not just of his will, but also of the effectiveness of institutional constraints on presidential power.
This report examines the conduct of the Federal Communications Minister, Mitch Fifield, and whether he conformed to the Principles of the Ministerial Code of Conduct, in relation to his knowledge of former Senator, Stephen Parry's dual-citizenship status.
It is time to accept that Section 44 of the Australian Constitution is irretrievably broken. In its current form, it is creating chaos that is consuming our politicians, argues Joe McIntyre.
The domestic legal authority cited for Australian Defence Force operations is the often poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. This book seeks to find the limits to the exercise of this extraordinary power.
This article argues that in Australia there is an absolute constitutional duty to provide reasons for judicial decisions and examines whether the general practice of the New South Wales Court of Appeal and the High Court complies with that duty when deciding applications for leave...
George Williams is Dean of Law at the University of New South Wales. This is the full text of his address to the National Press Club on 30 August 2017.
The relevance of Section 44 of the Australian Constitution has again been questioned. Despite the Prime Minister’s constitutionally inappropriate foretelling of the outcome, the High Court’s decision is far from predictable.
This paper briefly recounts Papua New Guinea's constitutional crisis of 2011–12 and looks at political developments under the O’Neill government which came to power following the 2012 election.
This design issues report has been produced for the Referendum Council to identify the broad parameters of a First Nations Voice that may be enshrined in the Australian Constitution in a Referendum of the Australian people.
Prior to the current term of Parliament, only five parliamentarians had ever lost their seats due to Constitutional eligibility reasons.