Pseudolaw arguments against vaccine, mask and test rules mix real and fantasy legal ideas.
Articles on Australian Constitution
Displaying 41 - 60 of 134 articles
Most Australians have known no British sovereign other than the queen. Without her, questions about a republic will again come to the fore.
While advice to ‘prorogue’ or halt a term of government is controversial, it remains appropriate to prevent a vote of no confidence while by-elections are pending.
The national plan is not set in stone. States will make their own decisions about complying with it - including on border closures.
Everyone from human rights experts to famous cricketers are expressing their disgust at the federal government’s India travel ban. Its legality depends on what laws you are looking at.
As a “Voice” that would allow Indigenous Australians to have a say in parliamentary and government decisions that affect them takes shape, it is vital it be enshrined in our Constitution.
The mission of Voice. Treaty. Truth in the Uluru Statement represents very carefully sequenced reforms. A proper understanding of these should guide any constitutional changes.
There are many questions regarding The Dismissal that can still be debated. But the queen simply advised the governor-general to follow the constitution, which is as she should have done.
After a long court battle, Australians are finally about to learn more about one of the most pivotal episodes in our political and constitutional history.
There are many ideas on how Indigenous recognition can be achieved in line with the Uluru Statement from the Heart. We need to keep exploring them until we find one that will work.
The answer is in the reason for re-opening only to some parts of the country. And our constitution allows states a bit of leeway to decide what is in their citizens’ best interests.
However, the win does not necessarily mean the public will have access to the letters - much now rests on what the National Archives does next.
The Indigenous Constitutional Voice has been miscast by mischievous politicians as quasi-separatism. Australians were frightened by the inference it was not just illiberal, but un-Australian.
It is important government continue – and be able to be properly scrutinised – during this time of crisis, and the Australian Constitution allows it to be done electronically.
The short answer is ‘yes’ - the states can impede people moving across borders if it is for the protection of public health.
Two former high court justices and constitutional experts have thrown their support behind the importance of a First Nations Voice to parliament.
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.
Media companies’ legal challenges to the legitimacy of recent AFP raids will allow the courts to clarify where the line is between national security and press freedom.
At a recent constitutional convention, high school students from across the country designed a new preamble to the Constitution to bring it into line with their idea of how Australia should be.
We now wait for the final count of seats in the House of Representatives and the Senate - and in the meantime, government continues.
Top contributors
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Professor Emerita in Constitutional Law, University of Sydney
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Professor of Law, UNSW Law School, UNSW
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Professorial Fellow, University of Canberra
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Dean and Professor of Law, UNSW
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Professor of Constitutional Law, Monash University
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Associate Professor, Faculty of Law & Justice, UNSW
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Professor, Law Faculty, Monash University
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UNSW
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Senior Lecturer, The University of Western Australia
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Associate Professor, TC Beirne School of Law, The University of Queensland
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Associate Professor of Law, National Security College, Australian National University
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Visiting Professorial Fellow, UNSW
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Associate Professor in Politics, Murdoch University
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Professor and Director, Kaldor Centre for International Refugee Law, UNSW Law & Justice, UNSW
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Research Fellow, School of Law, The University of Queensland