Proposed legislation to combat misinformation and disinformation needs to tackle some thorny issues, while preserving freedom of speech.
- Research Fellow, School of Law, The University of Queensland
By trying to circumvent the courts, the government is undermining both the rule of law and separation of powers. There is also collateral damage to the rule of law.
It would be extremely controversial for the High Court to invalidate border closures imposed by a state government if there’s a reasonable health justification for the measure.
Cyber attacks are a real and increasing threat to Australia, and the law lags a long way behind in both protection and recourse.
Interpol red notices play an important part in international policing. Here’s how they work and how the system could be improved to safeguard human rights.
The deaths of Katherine Hoang and her unborn twins, along with her sister-in-law Belinda in a car crash at Orchard Hills have raised questions about culpability when children are killed in utero.
While all the attention has been on section 44 of the Australian Consitution, some state constitutions may require closer scrutiny as well.
A report into the dual citizenship saga provides a number of practical recommendations to improve compliance with section 44 of the Constitution, but also confirms there is no easy fix.
Today’s High Court decision on whether Labor Senator Katy Gallagher is eligible to hold her seat will have significant implications for the whole parliament.
That it has taken more than five months and a compulsory declaration procedure for some MPs’ dual citizenship issues to come to light reflects extremely badly on them.
Given the events of the past week, now is an opportune time to discuss reform of a section of the Constitution that makes dual nationals ineligible to sit in parliament.
Given the Turnbull government only has a one-seat majority in the lower house, the immediate stakes of the challenge to David Gillespie’s eligibility are as high as they could possibly be.
It is obviously important to protect the institutional integrity and independence of the judiciary – but the judiciary and judicial decisions should not be immune from criticism.
After all of the legal controversies of the past year we have ended up in essentially the same position – the Senate will include a One Nation senator from Western Australia, but not Rod Culleton.
The Rod Culleton saga still has some way to go before its conclusion. But it is almost certain that he will not be able to continue as a senator.
The QUT students case was a litmus case for 18C- and it highlighted its serious flaws.
The Constitution’s external affairs power does not support Section 18C. And the section also impermissibly infringes the implied freedom of political communication.
One Nation candidate Rod Culleton could win Western Australia’s final Senate position, but Section 44 of the Constitution suggests he is ineligible to take his seat.
Addressing the United Nations Security Council, Australian foreign minister Julie Bishop condemned the downing of Malaysia Airlines flight MH17 as “barbaric” and “an absolute outrage”. She demanded justice…
In March, UN Secretary-General Ban Ki-moon reported to the General Assembly on the situation of human rights in the Islamic Republic of Iran. Ban expressed concern that women in Iran “are subject to discrimination…
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