Dutton says his proposed referendum would “keep our country safe”. But as courts can already strip citizenship, why would we need a national vote?
Articles on Constitutional law
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Legal experts are concerned that President Donald Trump is expanding executive powers beyond the law – creating what they call a constitutional crisis.
Donald Trump claims that Article 2 of the Constitution gives him the right ‘to do whatever I want as President.’ A constitutional law scholar says ‘Not so.’
The First Amendment might complicate plans to prosecute the people who sent up to 500,000 anonymous messages in November calling Black people ‘slaves,’ among other hate speech.
An attempt by the Liberals to insert a legal time bomb into the electoral reform and a Labor proposal that would give the ACTU a generous donation cap were main reasons a deal on the bill imploded.
Having little legal success after the last election result, Trump and the Republican Party have learned a lesson: start sowing the seeds of electoral doubt early.
Civil forfeiture laws and unexplained wealth orders seem to be less about crime control than an exercise in public funding.
Banning political donations may sound like a good idea, but Peter Malinauskas’ plan raises political and legal risks.
New Brunswick’s proposed Compassion Intervention Act could motivate the Supreme Court of Canada to impose restrictions on the notwithstanding clause.
While both Congress and the president have extensive powers, they cannot easily change the law to protect abortions.
Leo Varadkar has been criticised for expecting the public to vote in favour of adding vague language to the constitution.
In a case that will make legal and political history, the US Supreme Court will consider whether Donald Trump is immune from criminal prosecution for his alleged effort to undermine the 2020 election.
34 groups filed briefs with the Supreme Court in favor of keeping Donald Trump on the ballot, 30 favored disqualifying him as an insurrectionist, and 14 simply added legal information to the record.
US law has long held that those who support rebels and insurrectionists are just as guilty of treason as those who support foreign enemies.
The first shoe has dropped in the Supreme Court’s process of considering whether Donald Trump is eligible to be president.
The question of whether local declarations offering sanctuary for LGBTQIA+ people place local law above federal law depends on what the statements actually promise.
Saskatchewan’s provincial government must work with Indigenous nations on a shared vision for the future that is more likely to withstand the tests of time and litigation.
The founders of the United States viewed impeachment as a way to remind the country and president that he is not above the law and to deter abuses of power.
Trump has trial dates set for three of his four criminal cases. But generally, state and federal prosecutors will coordinate to make sure that their dates don’t overlap.
Fulton County District Attorney Fani Willis’ RICO charges against Trump are targeting election law violations, but by another name. The charges can result in a minimum five years in prison.
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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Professor of American Civics, University of Tennessee
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ANU Law, Australian National University
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Associate Professor in Law and Public Policy, University of Oxford
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Senior Research Associate, Andrew & Renata Kaldor Centre for International Refugee Law, UNSW Law School, UNSW
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Associate Professor of Law, Quinnipiac University
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Associate Law Professor, University of New Brunswick
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Associate Professor of Law, Rutgers University - Newark
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Associate Professor of Political Science, College of Charleston
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Foundation Professor of Law and Political Science, Arizona State University
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Research Fellow, School of Law, The University of Queensland
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Professor, Law Faculty, Monash University
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Senior Lecturer in Law, Charles Sturt University
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Lecturer in Constitutional and Administrative Law, and Public Procurement, Bangor University