The UK court decision against Boris Johnson’s move to prorogue, or suspend, parliament could set an important precedent for Australian governments that try to do the same thing.
- Professor Emerita in Constitutional Law, University of Sydney
Proroguing the parliament for five weeks at a crucial time may prove to be a masterstroke in ensuring a no-deal Brexit.
The authors of the Australian Constitution ensured that the country’s guiding document could never be changed on a whim or for political expediency.
The Constitution says that the governor-general can only act to fill a vacancy in the prime ministership if there is one - but in this case, some complex questions would have arisen.
We now wait for the final count of seats in the House of Representatives and the Senate - and in the meantime, government continues.
The short answer is no. But the longer answer is that it has a complicated history (and the best remedy remains at the ballot box).
While the Constitution was brought into play in the debate on this bill, it actually has little to say on the matter – and the government can still govern despite its passing.
There has been recent speculation that governments could advise royal assent not be granted if bills are passed against their wishes. Here’s why this is very unlikely to happen.
A minority government would not mean the government would fall - but it would make governing more difficult.
It is possible the home affairs minister is in breach of Section 44(v) of the Constitution – and if the High Court were to find him so, it would cause yet another headache for the government.
Today’s High Court decision against Katy Gallagher has clarified how to interpret the constitution on this matter. But the problem of dual citizenship can only be properly fixed by a referendum.
If the purpose of this bill is to prevent foreign donations from influencing elections, it manifestly does not achieve that outcome.
Laws passed by MPs while under a citizenship cloud are unlikely to be contested; decisions made by ministers after doubts about their dual citizenship was announced are more complicated matters.
The MPs under a cloud because of dual citizenship need to be very careful about the decisions they make before the matter is resolved. Here’s why.
The Dismissal soured politicians’ taste for brinkmanship. It revealed the likely consequence of a loss of political legitimacy.
Changes to Senate voting laws and the particular case of Senator Bob Day make for an unprecedented constitutional tangle, and one that will change the make-up of the Senate.
Labor senator Doug Cameron told Q&A the High Court had decided that the unions and business are entitled to fund political parties. Is that true?
The High Court regarded none of Bob Day’s arguments in his challenge to Senate voting reforms as having any merit.
If states controlled more of their school funding, competition could lead to innovation where the best ideas are adopted nationwide.
A suggested constitutional challenge to the Senate reforms through the High Court is unlikely to succeed.
Proposals for constitutional recognition of Indigenous people are gaining momentum but also raising legal concerns. Here is a form of words to create an advisory council that overcomes those concerns.
The Crown has become a little less discriminatory with changes to the rules of succession – and descendants of George II who failed to get permission to wed need no longer fear their marriage is void.
While counting continues in the Queensland election, one possibility is a hung parliament with neither major party holding a majority. Prior to the election, both party leaders indicated that they would…
If the Liberal National Party wins the Queensland election on Saturday, but its leader, Campbell Newman, loses his seat of Ashgrove, can he remain premier? This may be the question vexing minds on Sunday…
How much should taxpayers pay to subsidise the running of political parties and their campaigns? If the NSW government gets its way, the answer is going to be quite a lot more. While its proposed changes…
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