TAG: constitutional interpretation
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 […]
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High Court: Same-sex and Polygamy in. Bestiality out.
In December last year, the High Court of Australia decided that the ACT’s Marriage Equality (Same Sex) Act 2013 was inoperative because it was inconsistent with the federal Marriage Act 1961 (Cth). Key to the Court’s decision was the acceptance by the Court that, if it so chose, the Commonwealth Parliament could make laws providing […]
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The Role of Parliament in Constitutional Interpretation
In the forthcoming edition of the Melbourne University Law Review (Volume 37(2)) Dr Gabrielle Appleby and Adam Webster examine the role of Parliament in constitutional interpretation. The following is the abstract of the article: In Australia, the role of interpreting the Constitution is ultimately for the High Court, but some ‘space’ remains for its interpretation […]
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