There are a few necessary ingredients for the effective regulation of any political donations system.
Articles on High Court
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Ministers of religion who support marriage equality would be able to challenge the Marriage Act in the High Court. They would stand a good chance of winning.
As the government hints the marriage equality plebiscite may be delayed until 2017, calls intensify for the parliament to legislate on the issue instead. So what is parliament’s role here?
A post-sentence regime for convicted terrorists will only keep Australians safe if an accurate assessment of risk is possible.
One Nation candidate Rod Culleton could win Western Australia’s final Senate position, but Section 44 of the Constitution suggests he is ineligible to take his seat.
South African law requires surrogate mothers to hand infants to their legal parents without undue delay. But it doesn’t provide leave for these parents to care for their infants. That is set to change.
Political funding in Australia is governed by different rules for state (some of which do not require disclosure) and federal governments. And both levels suffer significant weaknesses.
Unlike similar democracies, Australia neither limits political donations nor campaign expenditure by political parties at the federal level.
The High Court regarded none of Bob Day’s arguments in his challenge to Senate voting reforms as having any merit.
If a new High Court claim against Australia’s offshore detention regime succeeds, it will entirely undermine Australia’s inhumane practices in relation to “those who come across the seas”.
A “judicial activist”, it seems, decides cases in favour of a preferred (non-“mainstream”) litigant or interest, to reach a result that is inconsistent with a conservative worldview.
A suggested constitutional challenge to the Senate reforms through the High Court is unlikely to succeed.
Parts of a High Court decision on the legality of offshore processing deal a crucial blow to the tired argument that what happens offshore is not Australia’s responsibility.
The High Court has thrown out a challenge to the government’s power to detain people offshore.
The debate about the quality of High Court judges after the Pistorius trials reflects a different cultural clash in South Africa – one in which incompetence is often associated with black people.
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.
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.
Australia’s highest court has ruled a gene mutation linked to cancer cannot be patented, ending a long battle over whether companies can own the rights to genetic material.
How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
Top contributors
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Professorial Fellow, University of Canberra
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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 Law, The University of Queensland
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Associate Professor, TC Beirne School of Law, The University of Queensland
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Research Fellow, School of Law, The University of Queensland
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Associate Professor of Law, Member of Deakin Cyber and the Centre for Law as Protection, Deakin University, Deakin University
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Associate Professor, University of Newcastle
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Professor Emerita, Sydney Law School, University of Sydney
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Associate Professor, Faculty of Law, Monash University
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Professor, RMIT University
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Professor of Constitutional Law, Monash University
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Professor in Human Rights and International Law, University of Newcastle
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Professor of Law, University of Technology Sydney
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Associate Professor of Law, Adelaide University