Section 44 of the Constitution: Expecting the Unexpected
If you place yourself, for a moment, back one year to 2016, it is hard to imagine that s 44 of the Australian Constitution would be such a cause celebre in 2017. Section 44 states that ‘any person who: is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a […]
Comments Off on Section 44 of the Constitution: Expecting the Unexpected
Could the Constitution protect farm water from coal seam gas?
In an article published on The Conversation, Adam Webster examines whether the Constitution provides any protection for farmers’ water rights impacted by coal seam gas extraction. Click here to read Adam’s article.
Comments Off on Could the Constitution protect farm water from coal seam gas?
The Constitution and the Murray-Darling Basin
In an article published in the October edition of Law Society of South Australia’s Bulletin, Dr Adam Webster explains the way in which the Constitution has shaped water regulation in Australia. Adam also examines the recent decision of the Federal Court involving an unsuccessful constitutional challenge to the Water Act 2007 (Cth) – Lee v […]
Comments Off on The Constitution and the Murray-Darling Basin
Chaplains in Schools: The Constitutional Showdown Continues
In this blog post Dr Gabrielle Appleby and Mr Adam Webster explain the constitutional defiance that has characterised the federal government’s pursuit of the National School Chaplaincy Program even where its foundations have appeared highly dubious from a constitutional standpoint (leaving to one side the policy behind the program). This constitutional defiance looks set to […]
Comments Off on Chaplains in Schools: The Constitutional Showdown Continues
The referendum that Australia had to have … but didn’t
Stephen McDonald is a barrister at Hanson Chambers and a member of the Australia Association of Constitutional Law (AACL). This blog post is an edited version of the speech Stephen gave at the AACL seminar – ‘Election Bonanza’ – hosted by the Adelaide Law School. As a guest-blogger for the Public Law & Policy Research […]
Comments Off on The referendum that Australia had to have … but didn’t
The Government as Litigant
The Productivity Commission is currently tasked with reviewing Australia’s civil justice system, focusing on constraining costs and promoting access to justice and equality before the law. Part of this larger review is a review of the government’s obligation to act as a model litigant. Dr Gabrielle Appleby has recently considered reforms to the obligation in […]
Comments Off on The Government as Litigant
Can the Senate block the budget?
Since the Treasurer’s budget speech there has been much talk about Labor and the minor parties ‘blocking the budget’. This article explains the constitutional requirements behind the budget process and the likelihood of the budget being blocked in the Senate. This is an article by Adelaide Law School’s Adam Webster, originally published in The Conversation. […]
Comments Off on Can the Senate block the budget?
Why extend the Judicial Complaints Process to Non-judicial Officers?
In this blog post, Gabrielle Appleby comments on the recent calls by President of Fair Work Australia, Justice Iain Ross, to bring the tribunal under the new complaints handling processes proposed for federal courts. Last week, Fair Work Australia (FWA) President, Justice Iain Ross of the Federal Court, was calling for FWA to be covered […]
Comments Off on Why extend the Judicial Complaints Process to Non-judicial Officers?
Perspectives on the recognition of Indigenous Australians in the Commonwealth Constitution
On 29 May, Associate Professor Alex Reilly from the Adelaide Law School joined the South Australian Commissioner for Aboriginal Engagement, Khatija Thomas, and Professor Elizabeth Handsley of Flinders University in an Australian Association of Constitutional Law seminar considering the You Me Unity Expert Panel proposal for the recognition of Indigenous Australians in the Commonwealth Constitution. […]
Comments Off on Perspectives on the recognition of Indigenous Australians in the Commonwealth Constitution
Scholars support Commonwealth’s attempts to bring accountability and transparency to judicial conduct
Last week, Gabrielle Appleby, Dr Suzanne Le Mire, Professor Geoffrey Lindell, Anna Olijnyk, Alexander Reilly, Dr Matthew Stubbs, Adam Webster and Professor John Williams made a submission to the Senate Legal and Constitutional Affairs Committee that supported, in principle, two Bills introduced into the Parliament by the Attorney-General that introduce measures for handling complaints against […]