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Constitutional law

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Federalism - the good, the bad and the opportunities


Anne Twomey argues in this article that it is in the interests of all of us to make federalism work better. Much could be achieved without the need for a constitutional amendment. All that is required is will and commitment. Recognising the problems is one thing, but now we need to do something to fix...
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Fighting words: a review of sedition laws in Australia


Media commentators, satirists, artists and activists should be safe from controversial sedition laws—even if their ideas are unpopular and confronting—as long as they don’t urge the use of violence, under changes to federal law proposed by the Australian Law Reform Commission (ALRC).
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Papers from the 2006 Constitutional Law Conference


A number of papers from the conference, held in February 2006, are available online. They include: • Alex Reilly, Macquarie University – Appropriations and Expenditures: Where do the Limits Lie? Combet v Commonwealth • David Bennett QC, Solicitor-General of the Commonwealth – The High Court on Constitutional Law: The 2005 Term • Dr Andrew Lynch...
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Does the High Court disagree more often in constitutional cases?


Andrew Lynch tests the assumption that constitutional cases generally produce a heightened level of disagreement among members of the High Court. He finds that although the court decides a higher percentage of constitutional cases over dissenting opinions than it does overall, there is not enough evidence to confirm that the Justices simply disagree per se...
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The Constitution and industrial relations: is a unitary system achievable?


Peter Prince and Thomas John examine the extent of the Commonwealth’s power under the Australian Constitution to establish a single national industrial relations system.