Clive Palmer and his party’s senators and allies will play a crucial role in the Senate from July. AAP Image/Paul Miller

Explainer: could Clive Palmer spark a constitutional crisis?

The Palmer United Party has threatened to block the Abbott government’s Direct Action climate policy in the Senate. Last week, there was even speculation about it sparking a constitutional crisis. But…
Out, then in, then out again: Greens Senator Scott Ludlam was returned in a recount, but says the court made the ‘right call’ because voters were disenfranchised when votes went missing. AAP/Alan Porritt

Missing votes mean it’s back to the polls for Western Australia

Although the Court of Disputed Returns has not yet formally declared that Western Australia’s half-Senate election was void, Justice Hayne’s judgment has made it clear that this is the necessary, or as…
The High Court has ruled the ACT’s same-sex marriage law invalid, citing its inconsistency with the federal Marriage Act. AAP/Alan Porritt

ACT law delivers neither marriage nor equality: the High Court’s verdict

The ACT’s Marriage Equality (Same Sex Act) 2013 produced neither a marriage nor equality. Instead it produced inconsistency, leaving the law completely inoperative. Those who exchanged marriage vows last…
The High Court will this week begin deliberating on whether or not the ACT’s same-sex marriage bill is consistent with the Constitution. AAP/Alan Porritt

Same‑sex marriage and the High Court: previewing the arguments

This week, the High Court will begin hearing the Commonwealth’s challenge to the ACT’s Marriage Equality (Same Sex) Act 2013. But don’t expect lofty rhetoric about equality; the case is really about the…
It all comes down to matters of interpretation, and the interpretation that counts is that of the High Court. Image from shutterstock.com

Explainer: can the Commonwealth override the ACT on marriage equality?

The ACT’s Marriage Equality Bill, which is expected to pass parliament later this month, has revived the controversy about who can legislate for same-sex marriage, with the Commonwealth proposing to challenge…
Now that governor-general Quentin Bryce has issued the writs for the election and dissolved parliament, the government is in caretaker mode. But what does this mean? AAP/Alan Porritt

Explainer: what are the caretaker government conventions?

The Coalition has raised concerns that the Memorandum of Understanding with Papua New Guinea over the Manus Island asylum seeker processing deal was entered into after the caretaker conventions commenced…
The federal government has suspended debate on a number of bills in the final parliamentary sitting week before the election. AAP/Lukas Coch

Is the government gagging the referendum debate?

The federal government has announced that it will gag debate on 53 bills in the Senate next week. One of them, the proposed constitutional amendment on the recognition of local government, is to be limited…
Has the Gillard government fully thought through its referendum on recognition for local government? AAP/Lukas Coch

Referendum chaos ‑ do ministers really know what they are proposing?

I am not Nostradamus, but I am prepared to make a confident prediction. If the proposed constitutional amendment to recognise local government, in the form announced by press release last week, were to…
Opposition leader Tony Abbott plans to move a motion of no confidence in the government - but he faces constitutional and conventional hurdles in his attempts to hold an early election. AAP/Lukas Coch

Would a no confidence vote in Julia Gillard create even more confusion in Canberra?

Opposition leader Tony Abbott has confirmed he plans to move a motion of no confidence against Julia Gillard’s government in the next two parliamentary sitting weeks. But in the event a no confidence motion…
Governor-General Quentin Bryce’s term ends after the election. Is it in the purview of the Gillard government to announce her replacement? AAP/Lukas Coch

Taking care of the caretaker conventions

Could the Gillard government appoint a successor to the Governor-General, Quentin Bryce, to take up office in March 2014 when Bryce’s appointment expires? The press has reported that opposition leader…
Milne said The Greens will continue to guarantee supply and confidence to the government, despite a string of decisions that disappointed her. (AAP Image/Alan Porritt)

Milne: Labor walked away from Greens but we will see this parliament through

The leader of the Australian Greens, Christine Milne, today delivered a stinging attack on the Australian Labor Party, accusing it of ending a deal the two parties struck that allowed Labor leader Julia…
Embattled federal MP Craig Thomson has been granted bail after being charged with fraud. AAP Image/Quentin Jones

What next in the Craig Thomson case?

The Craig Thomson case will take over a year to work its way through the Victorian courts and is unlikely to result in the fall of the Gillard government before the September election, experts said today…
The final pieces of the historical puzzle around the 1975 Whitlam dismissal are not as sensational as they first seem. Image courtesy of National Archives of Australia. NAA: A6180, 13/11/75/33

Mason’s role in the 1975 dismissal ‘unprecedented’? Hardly …

Much hyperbole has been generated by the recent revelations concerning Sir Anthony Mason’s involvement in the 1975 dismissal, but for the most part it shows ignorance of the past. Earlier this week, The…
It’s not time to break out the confetti yet; Tasmania faces legal hurdles before it can allow same-sex marriage. AAP/Tracey Nearmy

Explainer: can Tasmania legalise same‑sex marriage?

Does the Tasmanian Parliament have the power to pass a law permitting same-sex marriage? The short answer is yes. But the more difficult question is whether that law will be effective or whether it will…
The leadership spill could lead to constitutional confusion if Rudd wins next week’s ballot. AAP Image/Alan Porritt

What happens if Kevin Rudd wins the leadership spill?

Prime Minister Julia Gillard announced this morning that she will hold a leadership ballot at 10am on Monday, to “settle once and for all” Labor’s escalating leadership crisis. Kevin Rudd has not formally…
Tony Abbott says the end is near for the government, but can he bring it down? AAP/Alan Porritt

Explainer: motions of no confidence and the constitution

After declaring the Gillard government was entering its “endgame”, opposition leader Tony Abbott is believed to be preparing to table a motion of no confidence. Since Tasmanian independent Andrew Wilkie…
We should take a closer look at the history of the Constitution before reforming it. Flickr/Rusty Stewart

Indigenous recognition and the Section 25 quandary

The one recommendation of the Expert Panel on Indigenous Constitutional Recognition that everyone appears to support is the repeal of section 25 of the Constitution. Section 25 says that if a State law…
Newly appointed Attorney-General, Nicola Roxon may be surprised to find the bill of rights she doesn’t want is already in place. AAP Image/Julian Smith

Roxon got it right: we don’t need a bill of rights because we’ve already got one

The new Commonwealth Attorney-General, Nicola Roxon has said that in her new role she would not push for a bill of rights to be included in the constitution. But many would be surprised to learn she doesn’t…

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