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Constitutional law

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Excluded: The impact of section 44 on Australian democracy


Australia’s founders knew the circumstances and expectations of Australian society would change over time. To address this, they ensured Australian citizens could amend the Constitution, via a referendum, to reflect contemporary expectations. But quite rightly, it is not an easy process to change the rules all Australians must abide by.
Article

Yes, section 44 can be fixed


The parliamentary report on dual citizenship was barely out before the government rejected its key recommendation. It’s time for some lateral thinking, argues Peter Brent.
Article

Explainer: what the High Court decision on Katy Gallagher is about and why it matters


The present case turns on just how wide the “all reasonable steps” exception is held to be. Does section 44 just require a person to take all reasonable steps within their power to renounce, regardless of whether that renunciation is actually effective?
Report

Trump and the US presidency: the past, present and future of America’s highest office


Donald Trump’s ability to reshape the office, probe the boundaries of American political discourse and transform America’s place in the world will be a product not just of his will, but also of the effectiveness of institutional constraints on presidential power.
Article

Are we overthinking referendums?


Conventional wisdom advises against holding referendums at election time. Conventional wisdom is wrong, argues Peter Brent.