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.
The consensus view of the Referendum Council is that the recommendations in this report for constitutional and extra-constitutional recognition are modest, reasonable, unifying and capable of attracting the necessary support of the Australian people.
A comparative analysis on the constitutional recognition of Indigenous peoples in four jurisdictions.
Drawing from in-depth interviews and existing literature on Kenyan constitutional reform struggles, this paper illustrates how alliances between the different identities and movements were forged to allow for a common struggle.
Deconstructs and aims to provoke further response to a 4 May 2016 'Dominion Post' editorial, ‘Servants of the people, not govt’, in which it is implied that the NZ public service enjoys a constitutional personality (or identity) and, as such, it is vital to the...
The Australian Constitution lays down a process for creating new states out of the existing states that form the Australian Federation. This article explores that process, in historical and political perspective. It examines the drafting of the relevant provisions of the Constitution,...
I was asked to make some remarks about the concept of‘consultation’ in the proposal for Indigenous constitutional recognition put forward by the Cape York Institute (‘CPI’). My understanding of what presently is proposed is taken from the two submissions by the CPI to...
Referendums have become synonymous with failure in Australia, even when initial polling shows great support for a proposed change. Regardless of whether the stigma is warranted, this history is having a negative impact on the push to recognise Indigenous Australians in the constitution.
One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants...