First, change the constitution. Then, negotiate the detailed design of the First Nations voice to parliament: this is the only way to bring about meaningful reform.
Articles on Australian Constitution
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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).
A decision to award A$2.5 million compensation for loss of native title marks an important shift in how such claims are handled.
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.
Problems with section 44 of the Constitution have absorbed a great deal of time, money and energy over the past year – it’s time all politicians worked towards genuine reform.
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.
Just when we thought the dual citizenship debacle was coming to an end, there may be another sting in our Constitution’s tail.
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.
Ahead, the choice is between a patch-up or a proper solution. The patch up is inevitable in the short term but is a cop-out as a long-term answer.
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.
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.
The now-infamous section 44 of the Australian Constitution was a last-minute change by the authors, drafted in private and accepted out of weariness.
To finally succeed, the idea of an Indigenous voice to parliament must be argued as one that is fundamentally democratic.
Michelle Grattan and Nick Klomp discuss the week in politics.
Changing the Constitution is the only way to draw a line under this chaos.
The bottom line is that voters want the citizenship matter fixed quickly.
The Turnbull government is trying to limit the damage from the citizenship crisis with a plan to have all MPs make declarations about their circumstances.
The release of the much-awaited papers from the parliamentary archives will lead to new appraisals of Lionel Murphy’s life and work – including his alleged misbehaviour.
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