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Category Archive: Australia

Scott Stephenson: Federalism and Liberty in Australia Through the Lenses of Same-Sex Marriage and Organised Crime

American constitutional scholarship is replete with discussions of the relationship between federalism and liberty. Some argue that a […]

Constitutional Law Group November 13, 2013 America, Australia, Comparative law

Greg Weeks: Proposed changes to Australia’s Migration Act

Australia is in the midst of an election campaign and, as has been the norm over recent years, […]

Constitutional Law Group August 19, 2013 Australia, Comparative law

Luke Beck: Swear Words and the Australian Constitution

It seems Australia’s new (and also former) Prime Minister Kevin Rudd likes to swear. There is a leaked […]

Constitutional Law Group July 1, 2013 Australia, Comparative law

Mark Aronson: Statutory Interpretation or Judicial Disobedience?

In Australia as in England, courts began “reading down” legislative grants of broad and seemingly unfettered discretionary power […]

Constitutional Law Group June 3, 2013 Australia, Comparative law, Judicial review

Greg Weeks: Can you stop the Revenue from acting on a change of mind?

A recent judgment in an interlocutory hearing in the Federal Court of Australia has raised the fascinating question […]

Constitutional Law Group February 25, 2013 Australia, Comparative law, Judicial review

Paul Kildea: Reforming Australia’s federation: The People Lead the Way

As another fractious year in politics comes to an end, Griffith University has released the results of its […]

Constitutional Law Group November 29, 2012 Australia, Comparative law

Emily Burke: Same-Sex Marriage Legislation in Australia

There is a global trend towards the recognition of same-sex unions, with recent expressions of support from Prime […]

Constitutional Law Group June 30, 2012 Australia, Human rights

Greg Weeks: What to do about private bodies with public functions?: Australia’s continued ambivalence to the Datafin principle.

A few weeks ago, two judges of the Australian High Court (French CJ and Bell J) heard an […]

Constitutional Law Group June 2, 2012 Australia, Judicial review

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 […]

Constitutional Law Group March 22, 2012 Australia, Canada, 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 […]

Constitutional Law Group January 30, 2012 Australia, Constitutional reform, Human rights

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