The High Court is divided about the status of many thousands of British nationals living in Australia who have not formally become citizens of this country. At stake is the right of such people to freely remain in Australia. The federal government is currently attempting to deport a British migrant who has lived here since...

This Research Note considers the international instruments dealing with free speech and notes the lack of an express legislative basis for freedom of speech either in the Constitution or in other legislation. Decisions of the High Court which have found an implied freedom of political expression are outlined. Attempts to legislate for freedom of speech...

Bruno Frey writes that when discussing constitutional design, economists concentrate on the propensity of individuals to free ride. Preventing opportunistic behaviour by knaves has costs by crowding out civic virtue. Another view emphasises active citizen participation in order to bolster civic virtue. A viable constitution must therefore be strict enough to deter exploitative behaviour. At...

Over the past 25 years in Australia many laws affecting marriage have been instituted by the Commonwealth. However, there remains intact one major limitation, namely, that prohibiting marriage between persons of the same sex. This Research Note details the Hight Court of Australia's interpretation of the term 'marriage' in s. 51(xxi) of the Australian Constitution.