This thesis argues that the ‘rule of law’ was not followed in colonial and post-federation Australia in relation to a fundamental principle of the common law.

Referendums have become synonymous with failure in Australia, even when initial polling shows great support for a proposed change. Regardless of whether the stigma is warranted, this history is having a negative impact on the push to recognise Indigenous Australians in the constitution. The figures are well known: 44 referendums have been put to the...

One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants of power it is necessary to do so in that...

Referendums don’t bring out the best in the Australian political system. But that shouldn’t stop us from picking our way through the minefield.

On 28 November 2012, the Parliament agreed that a Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples be appointed to inquire into and report on steps that can be taken to progress towards a successful referendum on Indigenous constitutional recognition.