Constitutions

Research report

14 Jun 2018

This research examines the concept of 'office of profit under the Crown’.

Policy report

31 May 2018

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.

Report

17 May 2018

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...

Commentary

17 May 2018

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.

Commentary

17 May 2018

The parliamentary report on dual citizenship was barely out before the government rejected its key recommendation. It’s time for some lateral thinking, argues Peter Brent.

Commentary

9 May 2018

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?

Research report

27 Feb 2018

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.

Commentary

2 Feb 2018

Conventional wisdom advises against holding referendums at election time. Conventional wisdom is wrong, argues Peter Brent.

Report

4 Dec 2017

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.

Commentary

17 Nov 2017

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.

Commentary

13 Nov 2017

The dual citizenship story is far from over — and perhaps it was Barnaby Joyce who hit the nail on the head.

Book

9 Nov 2017

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.

Audio interview

26 Oct 2017

Cape York leader, Noel Pearson, says Malcolm Turnbull has broken the hearts of Indigenous Australians by rejecting the Uluru Statement.

Journal article

1 Oct 2017

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...

Commentary

30 Aug 2017

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.

Commentary

Article

18 Aug 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.

Briefing paper

7 Aug 2017

The ‘Canberra knows best’ approach does not work across the full range of national security issues.

Discussion paper

1 Aug 2017

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.

Blog post

21 Jul 2017

Prior to the current term of Parliament, only five parliamentarians had ever lost their seats due to Constitutional eligibility reasons.

Report

21 Jul 2017

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.

Overview

 

Items: 90