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Constitutional law

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Constitutional matters
Constitutions
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Briefing paper

‘Just terms’, native title and the territories: Commonwealth of Australia v Yunupingu


In March 2025, the High Court of Australia handed down its decision in Commonwealth of Australia v Yunupingu. The case has significant implications for constitutional and native title law. This paper provides an overview of the case and presents its implications. It finds the decision will likely result in additional claims for native title compensation.
Report

Who makes the law? Reining in the Supreme Court


Examining recent Supreme Court decisions that have sparked widespread concern among legal scholars, practitioners, and politicians, this report warns of a looming constitutional crisis in New Zealand, as the Supreme Court increasingly oversteps its bounds, threatening the balance of power between the courts and Parliament.
Journal article

Australian popular political constitutionalism

This purpose of this article is to reorient theoretical debate to match the practical debates at the centre of Australian political constitutionalism. This kind of research can help to understand how political constitutionalism can address emerging problems in Australian constitutional governance such as growing executive centralism.
Report

Administration of the referendum into an Aboriginal and Torres Strait Islander Voice


This report examines the administration of the upcoming referendum to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution through an Aboriginal and Torres Strait Islander Voice.
Book

The Australian Constitution and national identity


This book explores the relationship between Australia’s national identity and the Australian Constitution. As this is not purely a legal question, the book draws on historians and political scientists, as well as legal scholars, to examine the political and social dimensions of the Australian Constitution.