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Constitutional Law |
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- Legislation
- Australia
- Commonwealth
- Australia Act 1986
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The Australia Act 1986 ended the inclusion into Australian law of British Acts of Parliament and abolished all remaining constitutional provision for appeals from Australian courts to the Privy Council in London
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- Australia Act 1986: background
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Reproduction of the original text of the Australia Act 1986, together with background information
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- Commonwealth founding documents
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Texts and background of key constitutional documents. From the National Archives of Australia webpage "Documenting a Democracy: Australia's Story"
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- Commonwealth of Australia Constitution
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An unofficial version showing both original and amended sections
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- Commonwealth of Australia Constitution Act (Com)
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An Act to constitute the Commonwealth of Australia.
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- Commonwealth of Australia Constitution: background, including texts of all amendments made from 1907-1977
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Reproduction of the original text of the Constitution Act as passed by the United Kingdom Parliament, together with background information
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- Instructions to the Governor General 1900
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Issued with the Letters Patent of 1900, the Instructions outlined the powers of the Governor-General. They were repealed by the Letters Patent of 1984
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- Letters Patent Relating to the Office of Governor-General of the Commonwealth of Australia 2008
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The Letters Patent, together with the Constitution, outline the powers and duties of the Governor-General. Originally published in the "Commonwealth of Australia Gazette" (1st January 1901, pages 2-3) and in the "Commonwealth Parliamentary Papers" (1901-2, vol. 2, pp. ...
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- Letters Patent Relating to the Office of Governor-General of the Commonwealth of Australia: background
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Copy of the original 1901 Letters Patent Relating to the Office of Governor-General, together with background information
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- Proclamation of inauguration day
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Proclamation made under section 3 of the Commonwealth of Australia Constitution Act (UK) on 17 September 1900 setting 1 January 1901 as the date of the inauguration of Australia. Under section 4 the Constitution takes effect from that date. For more information see National ...
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- Statute of Westminister Adoption Act 1942: background
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Reproduction of the original text of the Statute of Westminister Adoption Act 1942, together with background information
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- Statute of Westminster Adoption Act 1942
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The Statute of Westminister Adoption Act 1942 defined the equal status of the Dominion Parliaments with the British Parliament, and established that the Dominions were under the authority of the Crown, and not the government, of Britain
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- Ashmore and Cartier Islands
- Ashmore and Cartier Islands - Ashmore and Cartier Islands Acceptance Act 1953 (Cth)
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Text of the Act which establishes Ashmore and Cartier Islands as a Commonwealth territory, sets out the laws applicable to the territory and procedures for making new Ordinances
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- Australian Antarctic Territory
- Australian Antarctic Territory - Australian Antarctic Territory Acceptance Act 1933 (Cth)
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Text of the Act which defines and establishes the Australian Antarctic Territory as a Commonwealth territory
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- Australian Antarctic Territory - Australian Antarctic Territory Act 1954 (Cth)
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Text of the Act which sets out the laws applicable to the Australian Antarctic Territory and procedures for making new Ordinances
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- Australian Capital Territory
- ACT Constitution - Australian Capital Territory (Self-Government) Act 1988 (Cth)
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Text of the Act which establishes the Australian Capital Territory as a self-governing Commonwealth territory; establishes the powers and procedures of the Legislative Assembly as well as the Executive Government and the courts
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- Australian Capital Territory founding documents
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Full text and background information of significant legislation affecting the A.C.T.. From the National Archives webpage "Documenting a Democracy: Australia's Story"
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- Seat of Government Acceptance Act 1909 (Cth)
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An Act Relating to the Acceptance of the territory surrendered by the State of New South Wales for the Seat of Government of the Commonwealth. Gives effect to the Commonwealth-New South Wales agreement for NSW to cede land to the Commonwealth for the establishment of the ...
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- Seat of Government Surrender Act 1909 (NSW)
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An Act to provide for the surrender of territory in connection with the Seat of Government of the Commonwealth, and other purposes. Gives effect to the Commonwealth-New South Wales agreement for NSW to cede land to the Commonwealth for the establishment of the Federal (later ...
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- Christmas Island
- Christmas Island - Christmas Island Act 1958 (Cth)
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Text of the Act which establishes Christmas Island as a Commonwealth territory, sets out the laws applicable to the territory and procedures for making new Ordinances and establishes the Supreme Court
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- Cocos (Keeling) Islands
- Cocos (Keeling) Islands - Cocos (Keeling) Islands Act 1955 (Cth)
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Text of the Act which establishes the Cocos (Keeling) Islands as a Commonwealth territory, sets out the laws applicable to the territory and procedures for making new Ordinances and establishes a court system
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- Coral Sea Islands
- Coral Sea Islands - Coral Sea Islands Act 1969 (Cth)
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Text of the Act which establishes the Coral Sea Islands as a Commonwealth territory, sets out the laws applicable to the territory and procedures for making new Ordinances
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- Heard Island and McDonald Islands
- Heard Island and McDonald Islands - Heard Island and McDonald Islands Act 1953(Cth)
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Text of the Act which establishes the Heard and McDonald Islands as a Commonwealth territory, sets out the laws applicable to the territory and procedures for making new Ordinances and establishes a judicial system
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- Jervis Bay Territory
- Jervis Bay Territory - Jervis Bay Territory Acceptance Act 1915 (Cth)
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Text of the Act which establishes the Jervis Bay area of New South Wales as a Commonwealth territory, sets out the laws applicable to the territory and procedures for making new Ordinances and establishes a judicial system
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- New South Wales
- Constitutional Powers (Coastal Waters) Act 1979
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An Act to request the Parliament of the Commonwealth to enact an Act to extend the legislative powers of the States in and in relation to coastal waters
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- New South Wales Constitution
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Text of the Constitution Act 1902 which sets out the procedures for the appointment of the Governor, establishes the New South Wales Parliament and executive government, as well as dealing with the removal of judges
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- New South Wales founding documents
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Full text and background information of early New South Wales legal documents such as proclamations and Acts of Parliament. Sources are both from the United Kingdom and from State archives. From the National Archives of Australia webpage "Documenting a Democracy: Australia's ...
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- Norfolk Island
- Norfolk Island Act 1979 (Cth)
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This Act establishes the Administrator and the Legislative Assembly for the territory and the procedures for making ordinances, as well as for a judicial system
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- Northern Territory
- Northern Territory Constitution - Northern Territory (Self-Government) Act 1978 (Cth)
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This Act establishes the regime of self government for the Northern Territory, a Commonwealth territory. It establishes the Administrator and the Legislative Assembly and makes provision for executive government
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- Northern Territory founding documents
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Full text and background information of early Northern Territory legal documents such as proclamations, Ordinances and Acts of Parliament. Sources are both from the United Kingdom and from State and Territory archives. From the National Archives of Australia webpage ...
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- Queensland
- Queensland Constitution
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This site provides links and background information to the Constitution of Queensland Act 2001 and the Parliament of Queensland Act 2001 which were passed in order to consolidate the several pieces of legislation relating to the Queensland Constitution issued since 1859. ...
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- Queensland founding documents
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Full text and background information of early Queensland legal documents such as proclamations and Acts of Parliament. Sources are both from the United Kingdom and from State archives. From the National Archives of Australia webpage "Documenting a Democracy: Australia's ...
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- South Australia
- Constitution Act 1934 (SA)
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An Act to provide for the Constitution of the State of South Australia.
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- South Australian founding documents
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Full text and background information of early South Australian legal documents such as proclamations and Acts of Parliament. Sources are both from the United Kingdom and from State archives. From the National Archives of Australia webpage "Documenting a Democracy: ...
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- Tasmania
- Tasmanian Constitution
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Full text of the Constitution Act 1934, providing for the executive, the legislature, local government, and religious freedom
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- Tasmanian founding documents
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Full text and background information of early Tasmanian legal documents such as proclamations and Acts of Parliament. Sources are both from the United Kingdom and from State archives. From the National Archives of Australia webpage "Documenting a Democracy: Australia's ...
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- Victoria
- Constitution (Parliamentary Reform) Act 2003
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Implements recommendations of the Constitution Commission to reform Victoria's upper house, the Legislative Council. Provides for a fixed 4 year term for Parliament, an upper house elected by proportional representation and removes the power of the upper house to block supply
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- Victoria's founding documents
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Full text and background information of early Victorian legal documents such as proclamations and Acts of Parliament. Sources are both from the United Kingdom and from State archives.From the National Archives of Australia webpage "Documenting a Democracy: Australia's Story" ...
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- Victorian Constitution
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Text and commentary of the Constitution Act 1975, from the Victorian Parliament
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- Western Australia
- Western Australia's founding documents
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Full text and background information of early Western Australian legal documents such as proclamations and Acts of Parliament. Sources are both from the United Kingdom and from State archives. From the National Archives of Australia webpage "Documenting a Democracy: ...
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- Western Australian Constitution
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Full text of the Constitution Act 1889, providing for the Legislature, local government, and some aspects of the judiciary
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- Multi-jurisdictional
- Colonial Laws Validity Act 1865
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This Act passed by the Imperial (British) Parliament confirmed that statutes passed by colonial legislatures could override received British statutes and common law, except for those British Acts passed to apply expressly to colonies. This is an unofficial version of the ...
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- Courts & tribunals and their decisions
- Australia
- Commonwealth
- High Court of Australia Cases
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This database contains the full text of all reported and some unreported decisions of the High Court since its beginning in 1903. Judgments are generally available within 24 hours of being handed down.
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- High Court of Australia home page
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Includes information about the Court, judges' speeches on various issues of concern to the Court, case summaries and links to full text court decisions and transcripts
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- Organisations
- Australia
- Commonwealth
- Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs
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Home page of the Committee. Includes membership details of the Committee, inquiries, terms of reference, transcripts of evidence, reports (from 1996 onwards) and some submissions. The role of the Standing Committee on Legal and Constitutional Affairs is to carry out ...
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- Australia. Parliament. Senate. Legal and Constitutional Committee
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Home page of the Committee. Includes membership details of the Committee, inquiries, terms of reference, transcripts of evidence, reports (from 1995 onwards) and some submissions. The Committee is divided into two parts: the Senate Legal and Constitutional Legislation ...
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- Australian Association of Constitutional Law
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The Australian Association of Constitutional Law is a small organisation established in 1998. Its homepage provides contact details, full text of its "Bulletin" and details of conferences
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- Australian Women's Constitutional Network
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The Network aims to promote women's vigorous, informed, influential and continuing participation in Australian constitutional development
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- Constitutional Centenary Foundation
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Promotes public understanding and discussion about the Australian Constitution and system of government in the approach to the centenary of Federation in 2001. Provides fact sheets on various aspects of the Constitution. This version of the site was archived by the National ...
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- Samuel Griffith Society
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A conservative association aimed at preserving the Constitution. Includes papers presented at the annual conferences
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- Senate Legal and Constitutional Committee Inquiry into an Australian Republic
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Established on 26 June 2003 and reporting in 2004, the Committee considered (a) the most appropriate process for moving towards the establishment of an Australian republic with an Australian Head of State; and (b) alternative models for an Australian republic. An issues ...
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- Northern Territory
- Northern Territory. Legislative Assembly. Sessional Committee on Constitutional Development
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In existence from 28 August 1985 to 12 August 1997, the Committee was asked to propose constitutional changes in the context of a move of the Territory towards statehood. This site includes full text reports and texts on a draft Constitution
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- Northern Territory. Legislative Assembly. Standing Committee on Legal and Constitutional Affairs
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The Legal and Constitutional Affairs Committee was appointed to "inquire, report and make recommendations upon such constitutional and legal matters as may be referred to it by resolution of the Assembly or the Attorney-General." This site contain information about ...
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- Queensland
- Queensland. Legislative Assembly. Legal, Constitutional and Administrative Review Committee
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This Committee has broad law reform responsibilities including constitutional reform, including any bill expressly or impliedly repealing any law relevant to Queensland's Constitution. Contains full text of reports on constitutional matters eg no. 10 "Consolidation of the ...
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- Queensland. Legislative Assembly. Members' Ethics and Parliamentary Privileges Committee
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This committee has the following areas of responsibility: The ethical conduct of members of the Legislative Assembly); Parliamentary privilege and allegations of contempt, and advising the Legislative Assembly as to individual requests from citizens for a right of reply. The ...
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- Victoria
- Constitution Commission Victoria
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Established in 2001 the Commission (known as the Hampel Commission) is to inquire and report on various aspects of reforming the Constitition, including changes to the Legislative Council (upper house). The Commission's final report "A House for the Future" was issued in ...
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- Western Australia
- Constitutional Centre of Western Australia
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The Constitutional Centre of Western Australia has been established to encourage people to learn more about how the political system works and how to participate in it more fully. Contains links to the texts of various reports and seminars on the Constitution, including ...
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- Constitutional Forums and People's Convention
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A website devoted to the Western Australian People' s Convention, which was to look at the Constitution, tax reform and the Republic issue and was preceded by a series of seven Constitutional Forums. Includes the texts of three discussion papers prepared for the forums: The ...
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- Multi-jurisdictional
- Beyond Federation
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Beyond Federation aims at reforming the Constitution by reducing the influence of State governments and strengthening the role of the Commonwealth and local governments. The main role of the website is to publish papers given at the regular Shed a Tier Congress. Links are ...
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- Gilbert and Tobin Centre of Public Law
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A research centre for public law issues including: a Bill of Rights, the indigenous reconciliation process, reform of the Constitution and the question of a Republic. Its publications section contains full text articles including the Centre's Newsletter, as well some papers ...
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- John Pyke's Australian Constitutional Information [OzConstInfo] Site
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The personal website of John Pyke, lecturer in Constitutional Law at the Law School at the Queensland University of Technology. The site aims to provide factual information about constitutions, in Australia and elsewhere, and opinions about constitutional issues. Also ...
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- International
- Asia-Pacific Cross-Border Online Rights Network
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Examines the introduction of security laws against the civil and constitutional rights of citizens in the Asia Pacific region. Includes papers presented at the annual symposiums on national security laws and constitutional rights
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- University of Melbourne. Centre for Comparative Constitutional Studies
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Information about the Centre, its research activities together with summaries of its publications
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- Publications
- Australia
- Commonwealth
- Constitutional interpretation and original intent: a form of ancestor worship?
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Looks at the way the High Court has interpreted the Constitution since 1903 and the basis for its reasoning
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- Democracy : choosing Australia's republic
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Written before the Republic referendum in November 1999, this book examines the history and role of the Governor-General and examines various models for a transition to a Republic
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- Dismissing a President
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This Research Note has three purposes, namely, to outline the existing arrangement in Australia for terminating the Commission of the Governor-General, the dismissal procedure of the Bipartisan model and the dismissal procedures provided by the republican constitutions of ...
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- Halsburys laws of Australia. Title 90. Constitutional Law
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A major law encyclopedia and a good starting point for most legal research. Title 90 "Constitutional Law" has the following contents: I. Introduction, II. The Parliaments, III. Legislative powers, IV. The executive governments, V. Judicial power, VI. Finance and Trade. A ...
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- Interpreting the Constitution in its second century
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This article defends a moderately originalist theory of constitutional interpretation
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- Laws of Australia. Title 19. Government
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A major law encyclopedia and a good starting point for most legal research. Title 19 "Government" has the following contents: 19.1 Constitutional law, 19.2 Legislature, 19.3 Executive, 19.4 Judiciary, 19.5 Federal constitutional system, 19.6 Constitutional guarantees of ...
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- Nature of the Australian Constitution: the limitations of the institutional and revisionist approaches
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The structure and operation of Australian political institutions and top-down philosophical reasoning offer only a partial understanding of the fundamental nature of the Constitution. Both revisionism and institutionalism are inadequate to the understanding of the key ...
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- Originalism in constitutional interpretation
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Discusses whether the contemporary meanings of constitutional provisions, express or implied, are the same as their original meanings in 1900, when the Constitution was created; and the extent to which those original meanings are determined by the intentions of the people ...
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- Parliament, the Executive and the Courts: roles and immunities
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History of the Constitution and its provisions for the separation of powers
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- Recent republic debate: a chronology
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This is a revised and updated version of a paper prepared by Carolyne Hide for the Commonwealth Parliamentary Research Service in 1996. Its publication reflects ongoing interest in the republic debate and is timed for release during the Constitutional Convention being held ...
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- Rule of law and the Constitution
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Text of the 2000 Boyer Lecture. Various aspects of the Constitution are discussed including its history, adaptibility and reform
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- Ten advantages of a federal constitution
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Contents: The right of choice and exit; The possibility of experiment; Accommodating regional preferences and diversity; The federal division of powers protects liberty; Better supervision of government; Stability; Fail-safe design; Competition and efficiency in government; ...
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- Australian Antarctic Territory
- Australian law in Antarctica : the report of the second phase of an inquiry into the legal regimes of Australia's external Territories and the Jervis Bay Territory
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Examines the legal regime applying to the Australian Antarctic Territory and whether Australian citizens working in or visiting Australia's Antarctic and sub-Antarctic Territories are accorded comparable benefits, rights and protection under the law as received by mainland ...
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- Australian Capital Territory
- Constitutional law and the A.C.T. body politic
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Essay on Australian Capital Territory constitutional history, written in 1992. This version was archived on www.archive.org
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- Cocos (Keeling) Islands
- Current and future governance arrangements for the Indian Ocean Territories
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A report into the governance of Christmas and Cocos (Keeling) Islands. The report’s key finding is that a referendum on options for future governance arrangements should be held in the Indian Ocean Territories before the end of June 2009. These options would include: • ...
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- Re John Cecil Clunies-Ross ex parte Geoffrey Frank Totterdell, [1988] FCA 301 (26 August 1988)
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This 1988 Federal Court case provides a detailed constitutional history of Cocos (Keeling) Islands
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- New South Wales
- Constitutional monarchy or republic?: implications for New South Wales: Executive summary
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Summary of a paper which canvasses the main legal and constitutional implications for NSW should Australia adopt a form of republican government. It does not address the general arguments for and against an Australian republic, such as those relating to identity and ...
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- Egan v Chadwick and other recent developments in the powers of elected upper houses: Executive summary
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A very brief summary of a longer paper which analyses the NSW Court of Appeal decision of Egan v Chadwick, a 1999 case which decided that that the Legislative Council's power to call for documents did extend to privileged documents, on the basis that such a power may be ...
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- Egan v Willis & Cahill: The High Court decision: Executive summary
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A brief summary of a much longer paper which analyses the High Court decision of Egan v Willis & Cahill, a 1998 case dealing with the powers of the NSW Legislative Council and the non-compliance by member of Legislative Council with an order for production of documents
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- Report on sections 13 and 13B of the NSW Constitution Act 1902
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Established in 1997, the inquiry was asked to consider the provisions under the Constitution Act 1902 relating to Members of Parliament: (a) having contracts or agreements with the Public Service; or (b) holding government positions or offices of profit under the Crown, and ...
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- Norfolk Island
- Norfolk Island Amendment Bill 1999: bills digest
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This paper analyses the Norfolk Island Amendment Bill 1999 and provides comments on the constitutional issues raised in the Bill which deals with electoral and firearms issues.
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- Norfolk Island Amendment Bill 1999: report, 23 August 1999
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The Committee was asked to examine the provisions of the Norfolk Island Amendment Bill 1999 and accepted that it brings Norfolk Island’s firearms and electoral laws into line with the rest of the Commonwealth of Australia. The report provides details of the Territory's ...
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- Quis custodiet ipsos custodes? Report of the Inquiry into Norfolk Island Governance
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On 31 March 2003 the Minister for Regional Services, Territories and Local Government the Hon Wilson Tuckey MP, asked the Committee to inquire into and report on measures to improve the operations and organisation of the Territory Ministry and Legislature on Norfolk Island, ...
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- Report of the Select Committee on Electoral and Constitutional Matters
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Examines elections procedures for the Legislative Assembly and recommends that an Electoral Act be passed. Reproduced in several parts as a submission to a Commonwealth Parliamentary inquiry into Norfolk Island governance in 2003. Scroll down to submission 32 (Adrian Cook)
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- Northern Territory
- Milestones in the constitutional history of the Northern Territory
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A timeline of key constitutional events in the Northern Territory from 1824 to 2000
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- Parliamentary privilege
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A brief outline of parliamentary privilege as it applies to the Northern Territory Legislative Assembly
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- Tasmania
- Parliamentary privilege
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A brief fact sheet outlining the meaning of parliamentary privilege, parliamentary immunities, powers of parliament under privilege laws and punishment of contempt of parliament
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- Tasmanian Parliament
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A brief fact sheet outlining the history and constitutional powers of the Tasmanian Parliament
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- Western Australia
- Commission on Government
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Established by the Commission on Government Act 1994, the Commission was asked to examine various issues and report on their relevance to the prevention of corrupt, illegal or improper conduct of public officials, including government ministers and members of Parliament. The ...
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- Multi-jurisdictional
- A Federation in these seas: an account of the acquisition by Australia of its external territories
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A constitutional history of Australia's external territories, concentrating on their early history, together with the text of some original documents
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- Australian federalism: the role of the States
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Contents: Australian federalism and intergovernmental relations; The trend to centralisation in the Australian federation; New Federalism and new intergovernmental bodies; Microeconomic liberalisation under 1990s New Federalism; Reform of Commonwealth and State roles and ...
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- Concept of "One Australia" in constitutional law and the place of territories
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Examines the constitutional status of the territories compared with the status of the States
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- Federalism and the role of the States: comparisons and recommendations
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A comparison of federal systems in various countries with recommendations on improving relations between federal and State legislatures
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- Islands in the sun: the legal regimes of Australia's external territories and the Jervis Bay Territory
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Overview of the laws applying to Christmas Island, Cocos (Keeling) Islands, Jervis Bay Territory and Norfolk Island. Recommends reforms to bring laws into line with State and Commonwealth laws.
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- Monarchy or republic?: the constitutional options of the States
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This paper explores the constitutional limits on the States to maintain independent links to the Crown and, in doing so, addresses three important questions. The first part considers whether a State can sever its links with the Crown independently of the Commonwealth, and ...
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- State constitutions
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These Fact Sheets discuss the following basic issues: Do states have Constitutions?; What is in them?; What is the link between the Commonwealth and State Constitutions?, and What is the effect of the Australia Acts?
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- State Upper Houses in Australia
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The main focus of this paper is on recent calls to reform upper houses in the light of the contemporary powers and functions of State upper houses, with particular attention being paid to the NSW Legislative Council. In effect, the paper is a study of bicameralism at the ...
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- Territories of Australia
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Under the name of each territory may be found information on the history and constitutional governance for all territories.
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- The High Court on constitutional law : the 2001 term
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Analyses decisions of the High Court made during 2001 and draws two main themes from them: the evolving recognition of the Commonwealth Constitution as the source of much wider legal principle than that which traditionally has been seen to be the province of constitutional ...
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- The Limitation of State legislative power
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Analyses four cases which are indicative of a constitutional trend by which the Commonwealth Constitution and the implications drawn from it are being used by the courts to limit the plenary legislative powers of the States. Paper presented at the Constitutional Law ...
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- International resources
- Canada
- Constitutional law of Canada
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This website contains general information on Canadian constitutional law and specific information on courses taught by Professor Joseph E. Magnet at the University of Ottawa.
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- University of Alberta. Centre for Constitutional Studies
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Has details of its publications (including some full text journal articles) and links to Canadian and international resources
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- European Union
- A Constitution for Europe
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The site contains documents, press releases, and the text of a draft Constitution for the European Union.
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- European Constitutional Law Network
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Contains texts of EU constitutions, papers presented to the annual ECLN Discourse (conference), selected decisions of EU constitutional courts and some teaching materials
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- International
- Constitution Finder
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This directory offers constitutions, charters, amendments, and other related documents for most countries. Nations are listed alphabetically, and each is linked to its constitutional text posted somewhere on the Internet. A feature of this directory is the links to various ...
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- European Commission for Democracy through Law
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Established by the Council of Europe and also known as the Venice Commission, the ECDL promotes the adoption of principles of constitutional law by its member states. The Commission website contains the database CODICES which provides detailed information on the ...
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- International Association of Constitutional Law
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The IACL provides a forum for the exchange of knowledge and information and the development of understanding of constitutional systems.
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- International Constitutional Law
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A directory of links to texts of constitutions from various countries. Not comprehensive. Includes a Key System Index which provides international comparisons of constitutional provisions. Previously maintained on the University of Wuerzburg website.
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- Links to constitutional courts and equivalent bodies
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A directory of mainly European constitutional courts with links to their websites.
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- Links to judicial institutions with the function of constitutional review
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Table of countries with links to their courts which have the function of constitutional review. Links are also provided to the texts of constitutions and to the decisions of the courts, where available. Mainly European in content with few other countries represented
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- New Zealand
- Constitutional Law
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Information about New Zealand's Constitution with texts of constitutional documents
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- On the Constitution of New Zealand: an introduction to the foundations of the current form of government
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Deals with the role of the Governor-General and the Executive Council, the appointment of ministers, Cabinet decision making, elections and the formation of governments, legislation and the executive, and issues relating to official information. Taken from the Cabinet ...
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- The Crown, the Parliament and the government
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Deals with the legislation and conventions which form the basis of constitutional government, the role of the Governor-General in appointing governments, the Coalition breakup of 1996, and the issue of enforcing conventions. Article from the Waikato Law Review
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- United Kingdom
- House of Lords. Constitution Committee
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The Committee was appointed in June 2001 "to examine the constitutional implications of all public bills coming before the House and to keep under review the operation of the constitution". This site contains the full text of its reports, including: Reviewing the ...
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- Ministry of Justice
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Responsibility for a number of United Kingdom constitutional policy matters was transferred from the Lord Chancellor's Department on 12 June 2003 to the Department for Constitutional Affairs, which in turn was replaced by the Ministry of Justice on 9 May 2007. Constitutional ...
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- Parliament and Constitution Centre
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Publications on the United Kingdom constitution and Parliament since 2003
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- University College London. Constitution Unit
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An independent research body specialising in constitutional reform and comparative constitutional studies. Contains overviews of main constitutional developments since the election of the Labour government in 1997, summaries of current research projects and publications ...
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- Unlock Democracy
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A lobby organisation which researches policy issues relating to the Constitution and recommends law reform, including a written constitution. Formerly Charter 88 and New Politics Network. Contains full text of its publications. There is also a detailed directory of ...
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- United States
- Constitution Society
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The Constitution Society is a private non-profit organisation dedicated to research and public education on the principles of constitutional republican government. It publishes documentation, engages in litigation, and organises local citizens groups to work for reform. Its ...
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- Other indexes/links
- Canada
- Law Related Internet Resources by Subject: Constitutional Law
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A short but well structured list of key Canadian constitutional law sites, with annotations
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- France
- Droit Constitutionnel
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A directory of constitutional law websites for France. In French. Compiled as part of the L'association Droit en ligne (Online Law Association's) portal on French internet law resources
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- International
- Australasian Legal Information Institute (AUSTLII)
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A directory of links to major constitutional law sites outside Australia
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- United Kingdom
- Constitutional Law and Human Rights
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A directory of links to United Kingdom constitutional law
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- United States
- FindLaw
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A very comprehensive and well structured directory of links to United States constitutional law
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- Hieros Gamos
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A directory of links to mainly United States constitutional law information with a few links to other countries
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- JURIST: The Legal Education Network
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Aimed at those studying and teaching in United States academic institutions, this is a well structured and very comprehensive directory of links to a wide range of constitutional law resources, including organisations, full text publications, discussion lists, university ...
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- Searching constitutional law on the Internet
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Compiled for students and staff at the University of Chicago Law School, this is a detailed directory of links to mainly United States constitutional law resources. Most are Internet resources but some are print materials available at the University Library. Contents ...
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Constitutional History
- Australia
- Commonwealth
- 1891 Draft Bill to constitute the Commonwealth of Australia
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The draft of the Constitution as adopted by the delegates of the National Australasian Convention 9th April 1891 and annotated by G. B. Barton. The Bill has many detailed and informative notes on the various clauses. The Bill formed the basis of the final legislation which ...
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- Australian Federation Full Text Database
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The Australian Federation Full Text Database contains the debates and conventions of the 1890's leading up to Federation, including Bathurst and Corowa, with a range of participants' accounts and other contextual material from the time. These include the Quick and Garran ...
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- Chronology of Australian federalism
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A chronology of major developments in federalism, including 19th century moves towards federation and key events after 1901.
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- Commonwealth, State and Territory founding documents
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From the National Archives of Australia webpage "Documenting a Democracy: Australia's Story" , these primary documents provide the basis of the major constitutional and legal developments in the States and in the federal government. Facsimiles of original documents are ...
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- Constitution: 19th century Colonial Office document or a people's Constitution?
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A summary of the Constitutional Conventions of the 1890s and the two referenda which led to the enactment of the Constitution.
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- Federation: the guide to records
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Published by the National Archives, this research guide provides a comprehensive list of Federation material from the collections of more than 60 archives, libraries, museums and galleries around Australia. The material includes official records and private papers of ...
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- National Library of Australia Manuscript Reading Room
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The Manuscript Reading Room has personal papers and documents of some individuals who participated in the drafting of the Constitution. These include the papers of Sir Edmund Barton; Sir George Reid; Sir Robert Garran; and Alfred Deakin. Also held are the papers of John La ...
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- New Federation history
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Review essay which discusses "The Centenary Companion to Australian Federation" and "The New Federalist: The Journal of Australian Federation History"
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- Papers on Parliament
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The following sets of papers may be accessed by selecting "Papers on Parliament" and scrolling down to the relevant volume number. They provide several papers on federation and constitutional history: Number 13, 1991 "One people, one destiny. Papers given to commemorate the ...
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- Property and the drafting of the Australian Constitution
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The extent to which property figured as a constitutional and political concept in the drafting of the Constitution at the Australasian Federal Conventions of the 1890s.
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- Records of the Australasian Federation Conference (1890) and the Australasian Federal Conventions (1891 and 1897/8)
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The records of the Australasian Federation Conference of 1890 and the Australasian Federal Conventions of 1891 and 1897-98 are among the most significant founding documents of the Australian nation. At the Australasian Federation Conference held in Melbourne from 6 to 14 ...
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- Survey of literature on the first Parliament
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The first parliament of the Commonwealth of Australia opened in Melbourne on 9 May 1901. The foundation parliamentarians, consisting of 36 senators and 75 members of the House of Representatives, sat in an inaugural session which ran until 10 October 1902, and a second ...
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- Northern Territory
- Chronology of Northern Territory constitutional and statehood milestones 1825–2007
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A chronology of major developments in Northern Territory government and constitutional development.
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- Tasmania
- Constitutional events
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A brief fact sheet outlining key constitutional events in Tasmania from 1803
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Educational
Implied Rights in the Constitution
- Australia
- Commonwealth
- ABC v. Lange : still dancing in the streets?
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This Research Note sets out the High Court decision in "Lange v Australian Broadcasting Corporation", noting two key aspects: the consolidation of the implied constitutional freedom of political communication; and the refinement of the law of defamation.
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- Civil and Human Rights Internet Resource Guide
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This resource guide provides links to documents and commentaries relating to a proposed federal Bill of Rights, together with State and overseas comparisons
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- Constitutional right to freedom of political speech
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On 30 September 1992, the High Court of Australia handed down its reasons for judgment in "Australian Capital Television Pty Ltd v The Commonwealth" (the 'Political Ads Case') and "Nationwide News Pty Ltd v Wills" ('Nationwide News'). Both cases dealt with the right to ...
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- Dead hand of the founders? : original intent and the constitutional protection of rights and freedoms in Australia
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Examines the civil rights contained in the Constitution
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- Free speech and the Constitution
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This Research Note considers the international instruments dealing with free speech and notes the lack of an express legislative basis for freedom of speech either in the Constitution or in other legislation. Decisions of the High Court which have found an implied freedom of ...
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- Free speech and the Constitution
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An analysis of the decisions of the High Court in "Australian Capital Television Pty Ltd v Commonwealth" (the Political Broadcasts case) and "Nationwide News Pty Ltd v Wills" (the Nationwide News case) which marked a significant new development in Australian constitutional ...
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- Freedom of political communication, the Constitution and the common law
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Examines the right of political communication (free speech) in both constitutional and common law areas and compares the situation with the United States Constitution
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- Human Rights under the Australian Constitution, by George Williams
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This review essay considers several of the book's recurrent themes. Although the book is not expressly structured around these themes, they provide a basis for Williams to analyse and criticise the current jurisprudence of the High Court. Furthermore, they assist the reader ...
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- Limits of constitutional text and structure: standards of review and the freedom of political communication
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In Lange v Australian Broadcasting Corporation, the High Court announced a more limited view of the freedom of political communication, under which the freedom is to be interpreted solely by reference to constitutional text and structure. This article shows that this ...
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- One vote one value: an implied right too far? The High Court decision in McGinty & Ors v State of Western Australia (1996)
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There has been much discussion in recent years about the role of the High Court in finding implied rights in the Australian Constitution which are not apparent from the actual text. In the recent case of McGinty the High Court reversed the trend of finding implied rights and ...
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- Rights, personal rights and freedoms : the nature of the freedom of political communication
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This article considers an often repeated statement that the ‘freedom of political communication is not a personal right’. Replies to this article may be found in [2002] MULR 32 and 33 at http://www.austlii.edu.au/au/journals/MULR/2002/
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- State of play in the constitutionally implied freedom of political discussion and bans on electoral canvassing in Australia
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Legislators at the Federal level, in the States and in the Territories need to be aware of the limits imposed by the implied freedom of political discussion. More than in perhaps any other area, they need to be cautious of the scope of the freedom when formulating ...
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- What is political speech? Levy v Victoria
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In "Levy v Victoria", handed down on 31 July 1997, the High Court considered the extent to which the implied constitutional freedom of political communication protects conduct. This paper examines the decision and whether the implied constitutional freedom restricts the ...
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Information by Section of the Constitution
- Australia
- Commonwealth
- Preamble. First words: a brief history of public debate on a new preamble to the Australian Constitution 1991-99
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This paper explains the historical and political origins of the present Preamble and refers to the question of its legal effect. It outlines the main events which led to the referendum in November 1999, including the 1998 Constitutional Convention's recommendations on the ...
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- Preamble. The Need for a new Preamble to the Australian Constitution and/or a Bill of Rights
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This paper has a threefold purpose. First, to provide an accessible and concise chronology of events relating to the post-1960 discussion in Australia on the questions of a Bill of Rights and alteration of the preamble to the Constitution; secondly, to outline the arguments ...
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- Preamble. The Preamble
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Written for the 1999 Constitutional Referendum this factsheet examines the existing preamble to the 1901 United Kingdom Act which established the Australian Constitution and the issues surrounding the insertion of new preamble to the Constitution
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- Section 002. Frequently asked questions about the office of Governor-General
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Provides basic factual information about the Governor-General, including appointment, selection, tenure, dismissal, powers and functions and whether the Governor-General is Head of State.
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- Section 002. Governor-General of the Commonwealth of Australia
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The Governor-General's official website. It contains links to various documents and an essay on the role of the Governor-General
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- Section 002. Methods of choosing a head of state
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This paper does not canvass the relative merits of monarchies and republics. Rather, it considers how an Australian head of state may be chosen if Australia were to become a republic. The first part of the paper addresses arguments for and against the election of a head of ...
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- Section 002. Powers of the head of state of Australia and South Africa
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This Research Note provides a brief comparative outline of the major powers written into the constitutions of the Commonwealth of Australia and the Republic of South Africa in respect to the Head of State
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- Section 002. The Head of state in Australia
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This paper outlines the history of the roles and duties of Governors and the Governor-General over two centuries and comments that scholarly interest in the Governor-General is a recent phenomenon. Paper presented to the inaugural Sir Samuel Griffith conference, 1992, ...
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- Section 002. The Reserve powers of the Governor-General
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The Australian Constitution does not specify what the Governor-General's reserve powers are and it is likely that they are not capable of exhaustive definition. Nevertheless, if Australia moves to a Republic, it is crucial that the question of the reserve powers of the Head ...
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- Section 002. The Role of the Governor-General
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Written by a former Official Secretary to the Governor-General, Sir David Smith, this paper explains the history and duties of the office, and discusses the proposals in 1999 to alter the Australian Constitution by changing its provisions relating to the office. Speech to ...
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- Section 002. Understanding the office of the Governor-General of Australia
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Background and history of the office of Governor-General including its role as Commander in Chief. Address to the Royal United Service Institution of Victoria, 24 June 1993
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- Section 007. A Single-chamber Australian Parliament?
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This paper, drawing on the author's earlier work "Coming of Age", recommends a single chamber federal Parliament along with a Bill of Rights, increased taxation powers for the States, an elected President as Head of State, who would be able to choose Ministers from outside ...
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- Section 007. Constitution Alteration (Proportional Representation in the Senate) Bill 1999
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Text of Bill, Bills digest and Second reading speech. This private Senator's bill was introduced by Senator Len Harris and was a proposal to entrench portional representation as a method of electing the Senate. The bill did not pass
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- Section 007. Federalism and the role of the States: comparisons and recommendations. Chapter 10: Reforming Australia's federal upper chamber
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This 1999 report examines upper houses in other federations such as Belgium, United States, Germany, the United Kingdom and Scotland. The Committee recommends that change to the Senate is necessary for it to more effectively represent State interests in the Australian ...
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- Section 007. Representation and institutional change : 50 years of proportional representation in the Senate
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Papers from a conference arranged by the The Political Science Program, Research School of Social Sciences, ANU and the Department of the Senate, August 1999. Scroll down to number 34.
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- Section 025. Race, the Constitution and reconciliation
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Examines the background to section 25 and recommends its abolition. Also considers the Wik Ten Point Plan, proposed by the Prime Minister. Paper presented to the Strategies Against Racism Forum, Ethnic Communities Council of New South Wales, 16 June 1997
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- Section 028. Four-year terms for the House of Representatives
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Considers the following issues in moving from the present three year term to a four year term: The case for four-year maximum terms; Five-year maximum terms?; Should the three-year term be retained?; Modifying Westminster-four-year fixed terms?; A mixed system?; A note on ...
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- Section 030. Rules for representation: Parliament and the design of the Australian electoral system
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This paper reviews the nearly one hundred years of Parliamentary development of the Commonwealth electoral system: the 'rules for representation' devised by Parliament regulating the requirements of representation for the Senate and House of Representatives and the electoral ...
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- Section 044. Constitutional Disqualifications and intending Candidates : Section 44 of the Constitution
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This Electoral Backgrounder is published by the Australian Electoral Commission (AEC) to assist intending candidates for election to the Parliament of Australia in understanding their obligations to ensure that they are legally qualified to nominate, in particular, that they ...
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- Section 044. Aspects of Section 44 of the Australian Constitution - Subsections 44(i) and (iv)
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In this report the Committee considers the problems posed by each of the subsections dealing with qualifications of members of parliament and the constitutional and legislative options available to address those problems. It then considers possible executive action which ...
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- Section 044. Constitution Alteration (Right to Stand for Parliament--Qualification of Members and Candidates) Bill 1998
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Private Senator's Bill introduced by Sen. Bob Brown which aimed to make Australian citizenship a qualification for election to Parliament and which deleted reference to the disqualification of public servants. The Bill did not pass. Text of Bill and second reading speeches
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- Section 044. Constitutional qualifications of members of parliament
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Examines disqualification provisions of s. 44 of the Constitution and recommends several changes to remove uncertainties as to the eligibility of certain categories, such as public servants and parliamentary secretaries, to stand for and remain members of parliament
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- Section 044. Dual citizenship, foreign allegiance and s. 44(i) of the Australian Constitution
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Examines the decision in "Sykes v Cleary" and other High Court decisions on this matter since 1904, the drafting history of this section, the concept of dual citizenship, the jurisdiction of the High Court, the consequences of disqualification and the role of the Australian ...
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- Section 044. Section 44 of the Constitution
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This E-Brief examines legal disputes, the effects of s. 44, and proposals for reform, including the 1996 House of Representatives Committee report
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- Section 044. Who may sit? An examination of the parliamentary disqualification provisions of the Commonwealth Constitution
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Explores the purposes and justification for section 44 and its operation in the contemporary context and argues that reform is necessary.
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- Section 044. `Office of profit under the crown' and membership of the Commonwealth Parliament
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Section 44(iv) of the Constitution was raised to prominence in 1992 by the decision of the High Court in "Sykes v Cleary". However, the meaning of section 44(iv) is obscure and has long provoked concern among constitutional commentators. This paper examines the High Court ...
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- Section 048. Parliamentary allowances, benefits and salaries of office
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This e-brief provides relevant data, hyperlinks and documents pertaining to the entitlements of Australian federal parliamentarians. It is not a detailed discussion of the history and development of entitlements policy. It does not argue the merits or otherwise of the ...
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- Section 048. Section 48 of the Constitution of Australia
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This paper examines whether the "Parliamentary Retiring Allowances Act 1948" - as it was then called - was a law able to be passed by the Commonwealth Parliament under section 51 and 52. It also examines whether certain other payments and benefits receivable by members of ...
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- Section 048. Remuneration of members of the Parliament of Australia
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This paper contains the latest available information on the salaries of Members of Parliament (MPs), Ministers and all Office-holders of the Parliament for 1996 and 1997. It is proposed to update this information whenever adjustments affecting total remuneration are made. As ...
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- Section 049. Attorney-General's Department page on parliamentary privilege
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Contain an Introduction and Legal Framework Paper written by the Dept as well as links to other material on parliamentary privilege
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- Section 049. Australia. Parliament. House of Representatives. Standing Committee of Privileges
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The website of the Committee. The Committee of Privileges is established at the beginning of each Parliament to inquire into and report upon complaints of breach of privilege which may be referred to it by the House. The committee has no power to initiate inquiries but the ...
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- Section 049. Australia. Parliament. Senate. Standing Committee of Privileges
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The website of the Committee. The Privileges Committee is established to inquire into and report upon complaints of breach of privilege which may be referred to it by the Senate. Includes the text of reports published since 1996 and selected reports before then.
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- Section 049. Egan v. Willis and Egan v. Chadwick: responsible government and parliamentary privilege
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The Egan cases have canvassed important issues relating to the powers and privileges of the Australian legislative chambers and the jurisdiction of courts to declare the content of such powers and privileges. In the process, the court has provided a much clearer picture of ...
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- Section 049. House of Representatives Practice. Chapter 19. Parliamentary Privilege
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A detailed account of parliamentary privilege as it applies in the House of Representatives - the powers and immunities of the House and procedural aspects
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- Section 049. Odgers' Australian Senate Practice. Chapter 2. Parliamentary Privilege
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A detailed account of parliamentary privilege as it applies in the Senate - the powers and immunities of the Senate and procedural aspects
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- Section 049. Parliamentary Privilege
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A brief outline taken from "Odgers' Australian Senate Practice" of parliamentary privilege as it applies in the Senate
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- Section 049. Parliamentary Privilege
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A brief outline of parliamentary privilege as it applies in the House of Representatives
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- Section 049. Parliamentary privileges
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This paper concentrates on those aspects of parliamentary privilege which present particular problems: the punitive powers of the Houses and the manner of their exercise; freedom of speech and debate in Parliament and what it entails; and the investigatory powers of the ...
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- Section 049. Parliamentary Privileges Act 1987
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Full text of the "Parliamentary Privileges Act 1987". This Act sets out the rights and immunities enjoyed by each House of Parliament, its committees and members, and the procedures to be followed when an offence occurs
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- Section 051 (v). Technological change and the Australian Constitution
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The Australian Constitution was drafted in the 1890s in an era where the framers were unable to foresee the advent of radio broadcasting, let alone other technological advances that would affect constitutional provisions such as ss 51(v) and 51(xviii). This article examines ...
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- Section 051 (xxiiiA). Devaluation of a constitutional guarantee: the history of section 51(xxiiiA) of the Commonwealth Constitution
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This article describes constitutional and socio-historical background to the referendum that led to the insertion of s 51(xxiiiA) into the Commonwealth Constitution. It traces judicial interpretations of the clause ‘but not so as to authorise any form of civil conscription’ ...
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- Section 051 (xxix). A Framework for reforming the external affairs power
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The author examines current criticisms of the external affairs power and proposals for reform. He concludes that political reform rather than Constitutional amendment would be preferable and suggests greater public and Parliamentary involvement in the treaty making process. ...
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- Section 051 (xxix). A View of the external affairs power
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The author, a former Attorney-General and chief justice of the High Court, argues that the High Court has been interpreting section 51 (xxix) too widely. He cites as his main example a proposal in 1982 to place items of cultural and heritage significance on a United Nations ...
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- Section 051 (xxix). Federal Parliament's changing role in treaty making and external affairs
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Of all the subjects contained in the Constitution, the Commonwealth Parliament's relationship with treaty making has probably gone through the greatest change from what was envisioned in 1901 to today. If such significant reforms had not been made in Australia in the 1990s, ...
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- Section 051 (xxix). International Law Internet Resource Guide
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This resource guide provides links to general information about treaty making and to the full text of treaties signed by Australia
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- Section 051 (xxix). Report on international treaty making and the role of the States
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This First Report outlines Australia's treaty making process, the constitutional arrangements which allow the Commonwealth to make and then implement treaties, and the role of the States in these matters. The Committee recommends that treaty information regularly be tabled ...
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- Section 051 (xxix). Seminar on the role of Parliaments in treaty making
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The seminar was convened by the Joint Standing Committee on Treaties and the Australasian Study of Parliament Group. A number of proposals for greater parliamentary involvement in treaty making emerged from the seminar – proposals which would see more information about ...
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- Section 051 (xxix). The External affairs power and environmental protection in Australia
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Discusses the extent to which the Commonwealth would be able to rely upon the external affairs power to meet Australia's commitments under the Rio Declaration
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- Section 051 (xxix). The external affairs power: the state of the debate
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This author summarises the arguments set out in papers presented to the Samuel Griffith Society conferences held in 1995. He concludes that action must be taken to prevent the Commonwealth using its external affairs powers to legislate widely on topics of State ...
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- Section 051 (xxix). The External affairs power: what is to be done?
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The author argues that the High Court has interpreted section 51 (xxix) far too widely and that reform is necessary. He outlines his attempts as a former Attorney-General and shadow Attorney-General to effect constitutional change through the Constitutional Conventions in ...
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- Section 051 (xxix). The Proper scope of the external affairs power
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The author argues that the High Court's current interpretation of the external affairs power is the correct interpretation of that power under the present Constitution, or, to avoid the simplistic language of right and wrong in a subtle world of ideas with few absolutes, is ...
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- Section 051 (xxix). The Proposed external affairs referendum
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The author argues that the Commonwealth has used the external affairs power in order to legislate on matters not intended by the drafters of the Constitution, that s.51(xxix) of the Constitution should be amended, and proposes an appropriate form of words. Paper presented to ...
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- Section 051 (xxix). The Role of the Queensland Parliament in treaty making
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The Committee was asked to examine issues which arose from a seminar held in 1999 convened by the federal Joint Parliamentary Committee on Treaties and the Australasian Study of Parliament Group. It recommended that details of treaties being considered by the federal ...
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- Section 051 (xxix). Trick or treaty? Commonwealth power to make and implement treaties
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The terms of reference to this inquiry asked the Committee to examine the Commonwealth's treaty making power and the external affairs power. Concerns were raised in relation to the impact of international treaties on the Australian federal system and the sovereignty of the ...
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- Section 051 (xxvi). A Bridge 2:2:2 where?
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Analysis of Kartinyeri v The Commonwealth ('the Hindmarsh Island Case'). It is difficult to draw many firm conclusions from the Hindmarsh Island Bridge case. While the majority upholding the legislation was numerically strong, the reasons given were diverse. On the issue of ...
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- Section 051 (xxvi). Reading the race power: a hermeneutic analysis
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This paper uses the work of Hans-Georg Gadamer in the field of hermeneutics to analyse the various interpretations of the race power in Kartinyeri v Commonwealth. The analysis hopes to identify the interpretative emphases in the judgments of the High Court without ...
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- Section 051 (xxvi). The People of any race
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Analysis of "Western Australia v. Commonwealth", (1995) 183 CLR 373, (the Native Title Act case). The author concludes that the difficulties inherent in s.51(xxvi), and the ineffective manner in which the High Court has sought to dismiss them, remain and will come back to ...
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- Section 051 (xxvi). The People of no race
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Develops the argument first mentioned in the author's 1997 paper (The People of any race) that Section 51 (xxvi) should be repealed as it is difficult to define the term "race". Paper presented to the Samuel Griffith Society Conference (10th : 1998 : Brisbane)
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- Section 051 (xxxi). Acquisition of property : past cases, future directions
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Analyses the section of the Constitution dealing with with compulsory acquisition of property. Future issues such as offshore mining and native title are also discussed. Paper presented at the Constitutional Law Conference, 15 February 2002, Gilbert & Tobin Centre of Public ...
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- Section 051 (xxxi). The Commonwealth's capacity to acquire property otherwise than on 'just terms': Newcrest Mining (WA) Ltd v Commonwealth
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The implications of "Newcrest Mining (WA) Ltd v Commonwealth" (1997) are yet to be worked though. The comments by Brennan CJ and McHugh J in relation to the validity of leasehold and freehold property in the territories, notwithstanding the comments by Gummow and Toohey JJ, ...
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- Section 051 (xxxv). Employment laws and the Constitution
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The author outlines the drafting history of section 51 (xxxv) and attempts to amend it over the last ninety years. Paper presented to the HR Nicholls Society Conference (1990 : Sydney)
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- Section 051 (xxxv). One hundred years of the conciliation and arbitration power: a province lost?
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Along with the White Australia Policy and tariff protection, conciliation and arbitration was one of the three pillars of Australian social policy for much of the 20th century. It has survived the demise of the White Australia Policy and the terminal illness of tariff ...
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- Section 051 (xxxvii). New directions in co-operative federalism: referrals of legislative power and their consequences
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History of the inclusion of the referrals power within the Constitution and an examination of the continuing debate and uncertainty about its legal operation and effect. Scroll down to see the two parts of this paper. Part 2: "Examples of referrals from State parliaments to ...
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- Section 053. "Charge or Burden on the People" : the origins and meaning of the third paragraph of Section 53 of the Commonwealth Constitution
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Examines the power of the Senate to amend money bills
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- Section 053. Constitution, Section 53: financial legislation and the Houses of the Commonwealth Parliament
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Since 1981 there have been several disagreements between the Senate and the House of Representatives as to whether certain Senate amendments made to certain bills should have been put in the form of requests to the House of Representatives to make the amendments, because of ...
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- Section 053. Senate power in relation to money bills: an historical perspective
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This paper places criticisms of the Senate, and proposals for reform, in their historical context. It considers the conflicting principles which were discussed during the Constitutional Conventions of the 1890s, and the political compromise which resulted in the current ...
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- Section 057. Constitutional reform and the resolution of Parliamentary deadlock
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This ALP paper considers that reform of section 57 be considered not only in the context of double dissolution elections but should also consider two related reforms: removal of the Senate's power to block supply; and a move to fixed four-year terms for the House and all ...
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- Section 057. Resolving deadlocks: Consultative Group on Constitutional Change
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A Consultative Group on Constitutional Change was formed by the Prime Minister in October 2003 to consult with the public on possible reforms to section 57 of the Australian Constitution. The Group was chaired by the Hon Neil Brown QC, a former minister in the Fraser ...
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- Section 057. Deadlock? What deadlock? Section 57 at the centenary of federation
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This paper argues that, because the double dissolution procedure is part of the constitutional structure, its use is a legitimate political practice. There is now greater need for negotiation between contending parties over policy and legislation. However, on those occasions ...
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- Section 057. Double dissolution
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Brief outline of the situation when both Houses may be dissolved simultaneously by the Governor-General. Provides instances when this has occurred previously and the procedures involved in a double dissolution.
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- Section 057. Double dissolution process: questions and references
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This Research Note provides brief answers to a few commonly-asked questions about the double dissolution process.
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- Section 057. House of Representatives Practice. Chapter 13. Disagreements between the Houses
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This chapter describes the processes followed and the problems which arise when no compromise can be reached between the Houses by the usual process of considering amendments or requests and communicating by message. The resolution of such conflicts may be by way of ...
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- Section 057. Monarchy or republic? Reserve powers of the head of state: the Gordian knot
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The first part of the paper is a consideration of the question whether republican Australia should, in fact have a head of state. The second part is concerned with the reserve powers of the probable 'predecessor' to the head of state, the Governor-General, and focuses on ...
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- Section 057. Odgers' Australian Senate Practice. Chapter 21. Relations with the House of Representatives
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This chapter deals with: communications and messages between the two Houses of Parliament, conferences between the two Houses, and simultaneous (or double) dissolutions of the two Houses. The double dissolutions of 1914, 1951, 1974, 1975, 1983 and 1987 are discussed in detail
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- Section 057. Simultaneous dissolutions
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Texts of the proclamations made by the Governor-General when dissolving both houses of Parliament, giving reasons for the dissolutions (From the 2002 "Parliamentary Handbook". Select the PDF version and scroll down to "Simultaneous dissolutions" on p. 440-445)
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- Section 057. The Road to a double dissolution?
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The author concentrates mainly on the procedure followed with respect to the Native Title Amendment Bill 1997 and concludes that it is sufficient to invoke s 57 and to allow that Bill to be subsequently passed by a joint sitting of both Houses of the Parliament. However, the ...
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- Section 061. The executive power of the Commonwealth: its scope and limits
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Given that the debate over the power of the Executive in relation to Parliament involves both political, as well as legal questions, this paper first provides an overview of the doctrines of responsible government and the separation of powers. The paper briefly discusses the ...
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- Section 071. Does Chapter III of the Constitution protect substantive as well as procedural rights?
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Discusses procedural rights and judicial power under sections 71 - 80 of the Constitution and then examines recent cases in the High Court dealing with: Protection from ‘usurpation of judicial power’ and ‘legislative judgment’; Freedom from detention; and the Equality ...
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- Section 071. The High Court as gatekeeper
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The purpose of this article is to review the special leave to appeal procedure (section 73) and the concept of justiciability as ‘gatekeeper’ mechanisms (section 71). The special leave procedure enables the Court to control the volume and nature of appeals which it hears. ...
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- Section 076. The Judicial power of the Commonwealth: a review of the Judiciary Act 1903 and related legislation
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This report considers whether the provisions governing the exercise of the judicial power of the Commonwealth in civil matters, which are contained in the Judiciary Act and related Acts, establish and apply the most appropriate arrangements for the efficient administration ...
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- Section 080. "A Puny thing indeed" : Cheng v The Queen and the constitutional right to trial by jury
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Analysis of the High Court decision in Cheng v The Queen ([2000] HCA 53; (2000) 175 ALR 338). Cheng consolidates the traditional view that the federal Parliament has the power to determine which federal offences are indictable, and thereby which offences must conform with ...
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- Section 080. Brownlee v The Queen : method in the madness
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An analysis of Brownlee v The Queen ((2001) 75 ALJR 1180) when the High Court was asked to consider whether the trial of the applicant pursuant to current legislative standards of trial practice in New South Wales was compatible with s 80 of the Constitution
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- Section 080. Trial by jury
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A difficulty results from the use of the words 'on indictment' in the opening words of section 80. This has at times resulted in a narrow construction of the section, for the High Court has said that it is only when prosecutions are brought 'on indictment' that the right to ...
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- Section 090. A Hateful Tax? Section 90 of the Constitution
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An analysis of the High Court's decision in the Capital Duplicators Case ((1993) 178 CLR 561, http://www.austlii.edu.au/au/cases/cth/high_ct/178clr561.html). The author concludes that it would be preferable for the Court to interpret narrowly the definition of "excise" and ...
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- Section 090. An Excise by any other name is ... still an excise
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An analysis of the High Court decision in Ha and Hammond, ((1997) 146 ALR 355, http://scaletext.law.gov.au/html/highcourt/0/97/0/HC000300.htm) . The limited ability of States and Territories to engage in significant revenue raising has been confirmed. A finding that the ...
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- Section 090. Economic integration and federalism: two views from the High Court of Australia
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The author examines the High Court decision in "Ha and Hammond", ((1997) 146 ALR 355, http://scaletext.law.gov.au/html/highcourt/0/97/0/HC000300.htm). The Ha Case provided a long overdue opportunity for a review of the line of authority based on Parton. A majority of the ...
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- Section 090. Federalism up in smoke? The High Court decision on State tobacco tax
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The author examines the High Court decision in Ha and Hammond, ((1997) 146 ALR 355, http://scaletext.law.gov.au/html/highcourt/0/97/0/HC000300.htm) and suggests solutions to the difficulties it may pose to Commonwealth-State financial relations (Current issues brief 1 ...
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- Section 090. Review of Western Australian State taxes 1994 - Chapter Four - The Constitutionality of State petrol taxes
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This chapter will be divided into four main sections. The first will establish the State's power to levy petrol taxes, while identifying section 90 of the Constitution as the main limit on such a power. It will further identify the legislative scheme that is the focus of ...
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- Section 090. The Future of State Revenue: the High Court Decision in Ha and Hammond: Executive summary
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This paper concentrates on the judgment in Ha and Hammond, ([1997] HCA 34; http://www.austlii.edu.au/au/cases/cth/HCA/1997/34.html) setting out in summary form the basis for the decision which was arrived at by a majority of 4 to 3. It begins, however, with a very brief ...
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- Section 090. What is an excise duty? Ha and Hammond v NSW
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This Research Note offers an overview of some of the leading cases on section 90 prior to the High Court's most recent decision in 1997. It then very briefly examines the majority and minority decisions in Ha and Hammond v NSW ((1997) 146 ALR 355)
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- Section 106. Waiting for the other shoe to fall : the unresolved issues in Yougarla v Western Australia
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Analyses the decision of the High Court in Yougarla v Western Australia [2000] HCA 47 (9 August 2001) which dealt with the validity of section 70 of the Constitution Act 1889 (WA). Paper presented at the Constitutional Law Conference, 15 February 2002, Gilbert & Tobin Centre ...
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- Section 109. Application of State laws to the Commonwealth
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Several recent High Court decisions have dealt with the issue of the application of state and territory laws to the Commonwealth or Commonwealth authorities. The recent decisions which are analysed in this Briefing are: Commonwealth v WA (1999) 160 ALR 638; Telstra ...
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- Section 116. The Wall of separation: section 116, the First Amendment and constitutional religious guarantees
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Examines the role of religion under the Constitution and provides comparison with the United States Constitution
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- Section 117. Section 117 of the Constitution: the unfinished rehabilitation
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Discusses section 117 which prevents a State from restricting access to services and activities so as to give preference to its own residents. In particular, the author discusses the High Court decisions in Street v Queensland Bar Association and Goryl v Greyhound Australia ...
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- Section 122. Section 122 of the Constitution : a "Disparate and Non-Federal" Power?
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Examines the limitations on the power of the Commonwealth to legislate for the territories
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- Section 128. Report from the Joint Committee on Constitutional Review
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The Committee reported in three categories. The first dealt with the composition and function of the Parliament and the relations between the Houses. Issues included the nexus, numbers of Senators and Members, deadlocks, simultaneous elections, electoral distribution and ...
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- Section 128. 1998 Constitutional Convention
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The Constitutional Convention met in Old Parliament House, Canberra from Monday 2 February to Friday 13 February 1998, to allow public participation in the debate about whether Australia should become a republic. The Convention implemented the Government's election ...
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- Section 128. Amending our Constitution
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The author, the Australian Labor Party shadow Attorney-General, discusses the need to amend the Constitution to remove redundant provisions. Speech given on the 13th November 1999 to the National Conference of Lawyers at the Canberra Convention Centre
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- Section 128. Citizen initiated referenda: cure-all or curate's egg?
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This paper examines recent controversies surrounding the issue of citizen initiated referenda, records the views of the major participants and attempts to place them in a larger public debate on the future of Australian political institutions. It takes as its starting point ...
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- Section 128. Constitution Alteration (Electors' Initiative, Fixed Term Parliaments and Qualification of Members) Bill 2000
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A private Senator's Bill introduced by Senator Murray. This omnibus Constitution Alteration Bill brings together three proposals for changing the Constitution, previously introduced as separate bills by former Australian Democrat Senators in the late 1980s and early 1990s. ...
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- Section 128. Constitution Alteration (Establishment of Republic) Bill 1999
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This Bill was introduced by the Government and implements the recommendations of the 1998 Constitutional Convention to amend the Constitution to establish Australia as a republic with a President chosen by a two-thirds majority of the members of the federal Parliament. The ...
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- Section 128. Constitution Alteration (Preamble) Bill 1999
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This Bill was introduced by the Government and implements the recommendations of the 1998 Constitutional Convention to amend the Constitution to insert a preamble. The Bill was passed by Parliament but rejected by the electorate in a referendum on 6 November 1999 and ...
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- Section 128. Constitution Alteration (President of the Commonwealth of Australia) Bill 1996
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Private Senator's Bill introduced by Senator Baden Teague. The central focus of this bill is in the alterations proposed to section 2 of the Constitution. These alterations provide for a President of the Commonwealth to be the Head of State of Australia; for the President to ...
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- Section 128. Constitutional change in Australia
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Deals with the history of the Constitution, the difficulties most people have in understanding it, obstacles to constitutional change, possible ways to overcome these, and alternatives to amending the Constitution, such as uniform laws. Paper presented at the Australian ...
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- Section 128. Constitutional change: select sources on constitutional change in Australia 1901-1997
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Includes an annotated Constitution containing references to the recommendations of several major constitutional reviews previously undertaken. Also contains information on all referendums held to alter the Constitution including the wording of referendum questions
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- Section 128. Constitutional referenda in Australia: research paper
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During October-November 1999 public attention will be focussed on the Commonwealth Constitution, as voters consider the questions of Australia becoming a republic, and of adding a new preamble. The process by which the Constitution is amended is complex and probably ...
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- Section 128. Constitutional reform in Australia
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This paper examines whether Australia's Constitution contains defects which can be corrected only by formal constitutional amendment; and if so, the approach which should be adopted for achieving reform. Paper given at a series of Senate Occasional Lectures to commemorate ...
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- Section 128. Constitutional Review and Change
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Fact sheets on constitutional change and citizen initiated referenda
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- Section 128. From Constitutional Convention to Republic Referendum: a guide to the processes, the issues and the participants
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This paper provides the background necessary for an understanding of the context of the republic referendum to be held on 6 November 1999. Its purpose is not to critically examine the contending arguments being put by monarchists and republicans, as this has been done ...
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- Section 128. Politics of constitutional amendment
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The process by which the Australian Constitution is amended is complex and probably little understood by the general community. This paper is an attempt to explain the politics involved in efforts to amend the Constitution. It concludes that more efforts are likely to fail ...
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- Section 128. Referendum (Machinery Provisions) Act 1984
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This Act outlines the procedures to be followed for conducting referendums
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- Section 128. Referendums on alterations to the Constitution of the Commonwealth: introduction
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Information on Commonwealth referendums from the "Parliamentary Handbook". Includes a list of referendums and plebiscites since 1901 and their results
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- Section 128. The 1998 Constitutional Convention: an experiment in popular reform
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14 articles from the University of NSW Law Journal. Contents: Conservative Republicanism, the Convention and the Referendum / Greg Craven; A People's Convention / John Gava; Some Thoughts on the Constitutional Convention / The Right Hon Sir Harry Gibbs; 'Til Dismissal Us Do ...
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- Section 128. The Parliament as partner: a century of constitutional review
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From the outset, the prescribed procedure for altering the Constitution has required that a bill setting out the proposed changes first be passed by the Parliament, before being submitted to electors voting in a referendum. In 2001 Australia will have had 100 years ...
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Journals
- Australia
- Commonwealth
- Federal law review (1964+)
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A major journal with high quality articles on constitutional law. This is a preservation mirror site for this journal from the PANDORA project at the National Library of Australia, where some volumes after volume 23 are available full text. Volumes 29 (2001)+ are also ...
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- Multi-jurisdictional
- Constitutional law & policy review
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A quarterly journal providing a national review of constitutional issues. This site does not provide full text articles. Subscription details are provided
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- E Law
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A brief list of about six articles on constitutional law published in E Law (Murdoch University) since 1994, with links to the full text
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Plain language materials
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