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Constitutional law

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Constitutional matters
Constitutions
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Report

Reforming our Constitution: a roundtable discussion


It is nine years since the last referendum was held to amend the Australian Constitution, and it is over 30 years since there was a successful referendum to amend Australia’s Constitution. The present decade may be the first since Federation during which there is no referendum held. The lack of reform to the Constitution has...
Briefing paper

Northern Territory statehood: major constitutional issues


This research paper surveys the major constitutional issues relating to Northern Territory statehood and gives an indication of the complexities and nuances involved. It discusses the application of Commonwealth legislation to the Territory after statehood and provides background on the Northern Territory’s constitutional development and the statehood timeline. The major constitutional issues relating to statehood...
Report

Constitutionalising the franchise and the status quo: the High Court on prisoner voting rights


In the wake of the High Court’s decision on prisoner enfranchisement, Graeme Orr describes the issue of prisoner disenfranchisement as a continuing ‘political football’ in this new paper.
Report

'The intelligence of a future day': The vindication of constitutional dissent in the High Court of Australia 1981-2003


The ability of dissents to pave the way for change in the law is regularly cited as one of their virtues. But this examination of a period of the court’s recent history shows that the direct reversal of a precedent in favour of the minority opinion which accompanied it is actually very rare.
Report

A chronology of Northern Territory constitutional and statehood milestones 1825–2007


This chronology starts with the addition of the area that would eventually become the Northern Territory to the Colony of New South Wales in 1825 and concludes with the 2007 report of the House of Representatives Standing Committee on Legal and Constitutional Affairs on statehood matters. It also includes some complementary coverage of relevant electoral...