It’s the plebiscite Australia doesn’t have to have. But if the plebiscite on marriage equality goes ahead, how should it be designed?
Articles on Constitutional law
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How will the Brexit referendum work? And what distinguishes it from referendums that have been held in Australia?
What seems to be a simple question of banks’ responsibilities is actually a major issue playing out where social security, banking, property, criminal and constitutional law intersect.
Yes, the way the EU makes its laws is complex, but it is done democratically.
What is a double-dissolution election? How does it differ from an ordinary election? And why the rush after the budget?
Detaining persons convicted of terrorist offences for lengthy periods after they have served their time could risk radicalising a section of the community who see the measure as unjust.
If we are content to sanction, disapprove and respond to sole nationals committing terror-related offences without revoking their citizenship, why is revocation necessary for dual nationals?
There is fresh political impetus behind a constitutional device to allow Britain to veto EU laws, but the enthusiasm ignores the powers that already exist and the dangers of legislation on the hoof.
The government’s revised citizenship-stripping bill adopted all recommendations made by a parliamentary committee. But it’s still no certainty to survive a High Court challenge.
Is the Dismissal a moment that will become even more significant if the push for Australia to become a republic gains momentum?
Many have claimed that the ending of detention on Nauru is a strategic move to undermine a constitutional challenge to Australia’s offshore detention regime, heard by the High Court this week.
Constitutional judges are best seen as backstops, not as activists for one value like liberty over others like integrity and equality.
A parliamentary committee report recommends several welcome improvements to the government’s citizenship-stripping bill. However, several important concerns remain.
Given the Governor-General usually acts on the advice of the government and its ministers, an address from the Senate on Dyson Heydon is unlikely to have any effect.
Multiple concerns have been raised about the citizenship-stripping bill’s inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.
On Tuesday, August 11, prospects for same-sex marriage legislation in Australia in the near future were quashed when the governing Coalition partyroom voted against a conscience vote in favour of maintaining…
Tony Abbott raised several possibilities on Australia’s road to achieving same-sex marriage. But the only way Australia will get there is through parliament.
The novel’s two main characters represent the constitutional conundrum that many Americans grappled with in the pre-civil rights era.
Simply having judicial review for the contentious power to strip citizenship from dual nationals suspected of involvement with terrorism – without independent merits review – is far from reasonable.
Let’s hope Ireland votes Yes, but the government could have made sure marriage equality happened years ago.
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