Native title: older and deeper than the Constitution
Commonwealth v Yunupingu has exploded native title doctrine. Understand the context and reasoning behind the watershed decision.
By Tony Denholder and William Simons - 2 min read
Alexander v Minister for Home Affairs: How we got here, and what’s next?
The High Court in Alexander v Minister for Home Affairs found that certain provisions in citizenship-stripping laws were partially invalid.
By Sangeetha Pillai - 2 min read
The Guardian of the Constitution: Safeguarding Representative and Responsible Government
The election has been called for 21 May. But suppose it wasn’t. We consider a hypothetical situation where a Prime Minister sought to unconstitutionally govern…
By Dane Luo - 2 min read
Constitutional algebra: Palmer v Western Australia reunites the broken parts of s 92
A fascinating look at the High Court’s ruling on Clive Palmer’s challenge to the WA border closures.
By Dr David J. Townsend - 3 min read
Trump, RBG, Barrett: Lessons from a juridico-political battleground
A fascinating look at the very public US Supreme Court appointment process & how it compares with the very private process for our High Court.
By Professor Helen Irving - 3 min read
The constitutional challenge to end the COVID border closures
Expert analysis of Clive Palmer’s High Court challenge to Western Australia’s border closures in response to coronavirus.
By Dr David Tomkins - 4 min read
Fresh insights from the Palace Letters
The Governor-General, the Chief Justice and the Palace Letters.
By Mark Tedeschi AM QC - 2 min read
Aboriginal Australians not vulnerable to deportation
A fascinating look at the High Court’s 4-3 split in the recent Aboriginal citizenship & deportation cases.
By Elisa Arcioni and Rayner Thwaites - 3 min read
Can we come home now? Temporary Exclusion Orders Act raises serious constitutional concerns
PROFESSOR HELEN IRVING considers the prospect of a High Court challenge to the latest controversial counter terrorism laws.
By Professor Helen Irving - 3 min read
The Constitutional limits of NCAT’s jurisdiction
Clients need to be advised of the Constitutional limits of NCAT’s jurisdiction so that alternative remedial avenues may be pursued. By RICHARD MCCULLAGH.
By Richard McCullagh - 1 min read