Australia’s Constitution contains few constitutional rights or protections, and most of those that do exist are not predicated on citizenship.
Articles on Constitutional law
Displaying 141 - 160 of 183 articles
Regardless of whether George Brandis’ action was illegal, it represents an attempt by the very institutions charged with protecting the rule of law to unduly influence it.
As we celebrate 800 years since the signing of the Magna Carta, many believe that it is time British values were clarified in a codified document for our age. The place to define them could be in a written…
While counting continues in the Queensland election, one possibility is a hung parliament with neither major party holding a majority. Prior to the election, both party leaders indicated that they would…
If the Liberal National Party wins the Queensland election on Saturday, but its leader, Campbell Newman, loses his seat of Ashgrove, can he remain premier? This may be the question vexing minds on Sunday…
Under Australian law, changes to the GST are said to be not permitted unless the states agree to the changes. In reality, the GST lock-in mechanism is legally meaningless and unenforceable, though it may…
The Australian Constitution says residents have the right to water from the rivers for irrigation and conservation purposes but governments have brought in laws that are restricting this – One Nation’s…
This week’s hostage tragedy in Sydney’s Lindt Cafe will cast a long shadow. It will force us to rethink our readiness for emergencies and the adequacy of our criminal justice system. There has already…
Last Friday, the High Court handed down its decision in a constitutional challenge to Queensland’s controversial suite of anti-bikie laws. This decision is as interesting for what it does not decide as…
Late last week, the Senate passed the Abbott government’s controversial A$2.5 billion Emissions Reduction Fund, the centrepiece of its Direct Action Plan to combat climate change. Its passage has been…
As the UK heads towards its next phase of devolution, it should look to Spain for an example of how to do it badly. In its attempt to please everyone as it drew up its 1978 constitution, Spain ended up…
Constitutional recognition of Indigenous Australia has been on the national agenda for a long time, but is back in the headlines with the news that the Prime Minister and Opposition Leader hope to release…
With the announcement of Australia’s involvement in dropping aid to Kurdish fighters engaged against Islamic State extremists in northern Iraq, questions have again arisen about who should control Australia’s…
Greens senator Richard Di Natale is circulating a bill to legalise euthanasia throughout Australia, the Medical Services (Dying with Dignity) Exposure Draft Bill. The key provision permits – subject to…
There has never been anything quite like Article 9 of the Japanese Constitution. It formally renounces war and the sovereign right of belligerency, prohibiting the use of land, sea and air forces to settle…
The High Court of Australia has declared federal funding of the school chaplains program unconstitutional, largely because it doesn’t meet the legal criteria for authorising such payments. But this lack…
Hells Angel Stefan Kuczborski has launched a constitutional challenge to more than a dozen sections of the Newman government’s notorious anti-bikie laws in Queensland. These include the Vicious Lawless…
A matter concerning Prince Charles, letters written to government ministers and a bid by the Guardian to make them public has been playing out in British courts and the media for the past few years. It…
State and federal relations are almost always a bumpy ride – you only have to look at the recent stoush over schools funding to see that. So when relations go well and we see a glimpse of that perfect…
The ACT’s Marriage Equality (Same Sex Act) 2013 produced neither a marriage nor equality. Instead it produced inconsistency, leaving the law completely inoperative. Those who exchanged marriage vows last…
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