Constitutional Law and Theory
Constitutional Law and Theory
Latest news
In the Media
Voice to Parliament will not have judicial powers, could still be legislated if referendum fails
Ron Levy quoted in The Canberra Times
What did Governor-General David Hurley know about Scott Morrison's secret ministries?
Ryan Goss writes in The Canberra Times
Op-Ed: Her Majesty was a pretty nice queen, without a lot to say
Matt Qvortrup Matt Qvortrup write in LA Times
Scott Morrison showed a new contempt for democracy yesterday
Ron Levy interviewed by The New Daily
Podcast: The push to lower Australia’s voting age
Faith Gordon interviewed by APPS Policy Forum
Game, Set and Match for the Rule of Law
Jelena Gligorijevic writes in UK Constitutional Law Association
HarperCollins apologizes to Russian billionaire over book claiming Putin ordered Chelsea soccer team purchase
Jelena Gligorijevic quoted in The Washington Post
First Nations Voice to Parliament
Ron Levy interviewed by ABC Radio National
Clive Palmer says WA's vaccine passport border restrictions are breach of section 117 of the constitution. Is that correct?
Amelia Simpson
Constitutional clause doesn’t ban vaccine mandates in Australia
Amelia Simpson quoted in AAP
Upcoming events
Questions of national (be)longing – critical and theoretical engagements with citizenship
In Australia, a referendum on an Indigenous Voice to Parliament is set to be held during this parliamentary term. This moment follows the recent Love-Thoms High Court decision, which raises legal questions of constitutional belonging. In this context, questions of citizenship are at the forefront of the nation’s consciousness.
Past events
20th Anniversary of the Centre for International and Public Law
The Centre for International and Public Law celebrated its twentieth anniversary at a special evening hosted by the ANU College of Law on 18 May 2010.
The High Court’s decisions in Williams v The Commonwealth: The principle of parliamentary control of public money
- Will Bateman, University of Cambridge
The High Court’s decisions in the Williams v The Commonwealth cases wrought a radical change to the settled understanding of the constitutional allocation of financial power between the parliament and executive government — even where appropriation legislation exists, the Commonwealth cannot spend most public money without additional and specific authorising legislation.
The explosive President: Donald Trump’s migration policy and its impact on international law and non-discrimination principles
Recent executive orders issues by President Donald Trump have shocked many and created an unprecedented travel crisis.
Citizenship stripping, children and citizenship
- Professor Kim Rubenstein, ANU College of Law
- Jacqueline Field
- Dr Suzanne Akila, Assistant Director, Legal, Department of Foreign Affairs and Trade
With the first announced instance of an Australian dual citizen, Khaled Sharrouf, having his citizenship stripped, CIPL invites you to a seminar around the recent release of Kim Rubenstein’s 2nd edition of Australian Citizenship Law (Thomson Reuters, December 2016).
Implications of the Brexit Supreme Court decision
- Henry Burmester AO, QC
- Dr Ryan Goss, ANU College of Law
On 24 January 2017, the UK Supreme Court decided that Britain’s withdrawal from the European Union could not be triggered by an exercise of prerogative power. Instead, an Act of Parliament is required.
Issues arising from police activity during election time
- Professor James Stellios
- Mr David Savage
In a number of recent cases, police forces have taken well-publicised actions which became part of the narrative of election campaigns in Australia.
40th Anniversary of the Federal Court of Australia
The ANU Centre for Commercial Law and Centre for International and Public Law are proud to announce a conference to mark the 40th anniversary of the establishment of the Federal Court of Australia.
Changing states, changing nations: National identity and constitutional reform in liberal democracies
- Andrew McDonald, Scope UK
Over the last 40 years, a number of liberal democracies have sought to use constitutional reform to re-imagine not just the state, but also the nation. Why? And with what effect?
Constitutional rights recognition, litigation and adjudication in Thailand under Thai Constitutions 1997–2014
Sarah's thesis examines Thailand’s experience with rights recognition, litigation and adjudication.
Against epistocracy: Reconsidering the demographic objection
- Udit Bhatia, University of Oxford
Why should we prefer democracy to an epistocracy of competent persons? In his response to this question, David Estlund appeals to the ‘demographic objection’.
Proportionality: Historical and comparative review
- Associate Professor Iddo Porat, College of Law and Business, Israel
Associate Professor Porat will give a historical and comparative review of proportionality. He will also consider some of the main lines on which the debate over proportionality has been drawn and their possible application to the Australian context.
30th Annual Lionel Murphy Memorial Lecture - The Secret History of the Dismissal of the Whitlam Government: The Palace Connection
- Professor Jenny Hocking FASSA, Monash University
The dismissal of the Whitlam government by the Governor-General Sir John Kerr in 1975 remains one of the most contentious episodes in Australian politics. The history of the dismissal is no less contentious and has never been settled.
Constitutional Protection for Political Protests: Brown v Tasmania
- Bob Brown, The Bob Brown Foundation
- A/Prof Amelia Simpson, ANU College of Law
The Centre for International and Public Law and The Australia Institute are pleased to host a discussion of the High Court’s decision in Brown v Tasmania [2017] HCA 43.
Can the legislature effectively supersede judicial interpretations with which it disagrees?
- Professor Deborah Widiss
Legislative supremacy depends on the assumption that if the legislative branch disagrees with a judicial interpretation of a law, it may “override” that interpretation by passing a new statute or amending an existing statute. This seminar will present my research looking at the efficacy of overrides in the United States, and it will explore possibilities for similar tensions to arise under the Australian system.
Brexit, referendums and deliberative democracy
- Dr Matt Qvortrup, Coventry University
What a Judge of the Federal Court of Australia and a Judge’s associate do in a typical week
- The Hon Justice Alan Robertson
- Will Randles
- Associate Professor Heather Roberts
Have you ever wondered what a typical week’s work looks like for a Justice of the Federal Court of Australia? How do Judges prepare for court sittings, and what happens in chambers? What does an Associate do, and what skills are required to perform the role?
In Conversation with Ron McCallum
- Ron McCallum AO - The University of Sydney
- Professor Kim Rubenstein FAAL, FASSA - Australian National University
Ron McCallum AO will be in conversation with Professor Kim Rubenstein on Ron's memoir, Born at the Right Time.
Freedom of Expression, Liberalism and Harmful Expression
- Dr Jelena Gligorijevic
Join Dr Jelena Gligorijevic as she discusses freedom of expression, liberalism and harmful expression in this research seminar.
The Commonwealth’s power to use the ADF to provide civil aid during disasters and pandemics
- Professor Anne Twomey
During the January bushfires, the Prime Minister observed that using the Australian Defence Force (ADF) to provide aid was ‘testing the limits of constitutionally defined roles and responsibilities’. The ‘Royal Commission into National Natural Disaster Arrangements’ was established to inquire into these limits.
Why the law is what it ought to be
- Professor Trevor Allan LLD, FBA
In this seminar, Professor Trevor Allan LLD, FBA of the University of Cambridge will present his thesis that the law is constituted by the requirements of justice for the political community in which it operates, so that a public conception of justice is substituted for conflicting private ones.
The People in Question – Web Symposium
Join Professor Jo Shaw as she introduces the key themes of her book, The People in Question: Citizens and Constitutions in Uncertain Times, before hearing and responding to a selection of expert commentaries from scholars in the field drawn from the Asia and Pacific region.
The Lawful Forest: A Critical History of Property, Protest and Spatial Justice
- Dr Cristy Clark
Hosted by the ANU College of Law Visitors Committee, this seminar will be presented by Dr Cristy Clark (University of Canberra Law School).
ANU Law and Philosophy Forum: Deliberative peace referendums
Join Dr Levy and Dr O’Flynn in this ANU Law and Philosophy Forum event as they discuss the theoretical foundations and normative value of deliberative peace referendums, in a range of conflict situations.
ICON•S AUS/NZ Constitutional Theory Group Annual Conference 2022
The first Plenary Conference of the Constitutional Theory Group of the I·CON-S Aus/NZ branch.
Voluntary assisted dying and discrimination on the basis of state residence
- Associate Professor Amelia Simpson
Join Associate Professor Amelia Simpson as she explores voluntary assisted dying and discrimination on the basis of state residence in this session of the ANU College of Law research seminar series.
From coups to crises: where next for Thailand?
- Thitinan Pongsudhirak
Join leading Thai political scientist Professor Thitinan Pongsudhirak, The Australian National University (ANU) Thai consitutional law expert Sarah Bishop and Director of Lowy Institute’s Southeast Asia Project Ben Bland for a discussion on what happens next in one of Southeast Asia’s most volatile nations.
The Rule of Law in Context: Australia
- Dr Gabrielle Appleby
- Professor Megan Davis
Hosted by the ANU College of Law Visitors Committee, this seminar will be presented by Dr Gabrielle Appleby and Professor Megan Davis and chaired by Professor James Stellios FAAL.
Australian and New Zealand perspectives on the negotiations at UNCLOS III
- Mr Henry Burmester AO QC
- Mr Bill Mansfield
- Dr Penny Ridings MNZM, University of Auckland
- Mr Richard Rowe PSM, ANU College of Law
The first webinar of the series Looking Back to the Future in the Law of the Sea: UNCLOS III and the LOSC at 40, presented by the Centre for International and Public Law (CIPL, ANU) and the Australian and New Zealand Society of International Law (ANZSIL).
Pacific perspectives on the negotiations at UNCLOS III
- Dr Transform Aqorau
- Judge Neroni Slade
- Dr Manumatavai Tupou-Roosen
The second webinar of the series Looking Back to the Future in the Law of the Sea: UNCLOS III and the LOSC at 40, presented by the Centre for International and Public Law (CIPL, ANU) and the Australian and New Zealand Society of International Law (ANZSIL).
UNCLOS III and the LOSC institutions and implementing agreements
- Associate Professor Joanna Mossop
- Dr Phil Symonds
- Mr Mark Alcock
- Ms Alice Revell
The fourth webinar of the series Looking Back to the Future in the Law of the Sea: UNCLOS III and the LOSC at 40, presented by the Centre for International and Public Law (CIPL, ANU) and the Australian and New Zealand Society of International Law (ANZSIL).
Common Law Constitutionalism and Australia’s Implied Freedom of Political and Governmental Communication
- Professor Ron Krotoszynski
Hosted by the ANU College of Law Visitors Committee, this seminar will be presented by Professor Ron Krotoszynski (University of Alabama).
Love; Thoms – belonging, citizenship and identity
- Dr Lisa Strelein PSM
- Craig Ritchie
Hosted by the ANU College of Law Visitors Committee, this seminar will be presented by Dr Lisa Strelein PSM.
UNCLOS III and the LOSC Dispute Settlement Framework
- Honorary Professor Bill Campbell AO
- Professor Don McRae FRSC
- Judith Levine
- Dr Kate Parlett
The fifth webinar of the series Looking Back to the Future in the Law of the Sea: UNCLOS III and the LOSC at 40, presented by the Centre for International and Public Law (CIPL, ANU) and the Australian and New Zealand Society of International Law (ANZSIL).
