Tag Archives: Australia
Nicholas Aroney: Federal Models for a U.K. Constitution?
When the referendum really comes, the sovereign Parliament must go. But whether for good or for evil, the referendum, in principle at least, seems to be coming. – C. H. McIlwain, The High Court of Parliament and Its Supremacy (1910), … Continue reading
Filed under Comparative law, Scotland
Paul Kildea: Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples: The ‘what’ and ‘how’ of reform
Amending the text of the Australian Constitution has been described as a ‘labour of Hercules’. It has been changed just eight times since Federation in 1901 (out of 44 attempts) and has remained unaltered for more than three decades. But … Continue reading
Filed under Constitutional reform, Human rights
Grégoire Webber: Australia: Parliamentary review of Victoria’s Charter of Human Rights and Responsibilities
On 19 April 2011, the Scrutiny of Acts and Regulations Committee of the Parliament of Victoria was tasked with reviewing the first four years of the Charter of Human Rights and Responsibilities Act 2006. The joint committee of the Legislative … Continue reading
Filed under Comparative law, Human rights
Greg Weeks: Attacking the High Court: a comment on the Malaysian Solution Case and its aftermath.
It is, fortunately, a rare occurrence for Australia’s government to be in conflict with its judiciary but there have been some fairly spectacular examples: In 1996, following the High Court’s decision in Wik Peoples v Queensland (1996) CLR 1 … Continue reading
Filed under Judicial review