Continuing from our discussion in Episode 9 of the Immigration Power, this episode covers the heavily related and historically connected 'Naturalization and Aliens' power in s 51 (xix) of the Commonwealth Constitution.  We will discuss the history of the powers and their text, relevant judicial decisions on their scope and comparative international examples to contextualise the power.  This power is a broad one with big implications for everyday Australians, so tune in to get your crash course on this topic ..read more

In this episode of the podcast we will be discussing the external affairs power in s 51 (xxix) of the Australian Commonwealth constitution. We will cover the textual basis of the power, its extraterritorial nature, importance to treaty making and of course, the adverse effects its interpretation has upon federalism ..read more

On this very special bonus episode, to celebrate passing 1000 downloads of the podcast, we are joined by lawyer Satyajeet Marar. Satya is a Macquarie Law alumni who has focused his career primarily on Australian political advocacy and analysis. He also worked with the Australian Monarchist League as a youth leader, debating a number of high-profile members of the Australian Republic Movement.   On this episode we dive into a spirited discussion primarily around an Australian Republic, which takes us into other topics - like, the Bill of Rights, Separation of Powers, the role of the judici ..read more

In this episode of the 'Surviving Constitutional Law' podcast, we will crash-course one of the most contentious theoretical issues of Australian politics - whether Australia should become a republic? In this instalment we will go over some of the history of republicanism in Australia, and discuss the various models for change which have been offered to the public over the last 30 years. In addition to that I will be offering some of my thoughts and opinions on the strengths and weaknesses of the republican cause. This episode also includes monarchist perspectives to ensure a more balanced over ..read more

On episode 6 of the 'Surviving Constitutional Law' Podcast, we will be discussing the 'Corporations Power' found in s 51(xx) of the Constitution. Along with the Trade and Commerce Power (covered in ep. 5), this provision is part of the wide repository of power the Commonwealth possesses in relation to economic matters.  This episode goes over the key jurisprudence which has been decided by the High Court in defining: Which corporations fall under the power? What regulatory reach it provides to the Commonwealth Legislature? In explaining this, we will go over the relevant history and cas ..read more

In this episode we will be going over the history and scope of the Trade and Commerce Power set out in s 51(i) of the Commonwealth Constitution. Within this, I will also discuss some of the implied and express limits on the power - in particular, the "free trade" provision found in s 92. This episode covers all the major cases, so it is perfect for a pre-class or pre-exam crash course of the topic ..read more

In this episode we start our discussion on the Commonwealth legislature with a crash course of the basics. In law school these introductory topics are usually taken for granted by teachers who assume students will know the fundamental aspects relating to the legislature. As such, it is rare you will find an overview on the structure of the legislature, its elections, members, rules and powers - but that's why you have this podcast! In this episode we will build an understanding of the Senate, House of Representatives and the respective roles of each chamber within the Commonwealth Parliament ..read more

On this episode of the podcast, we will be continuing to develop our understanding of the Australian States by looking at the nature of their constitutions and how they can be amended.  In this instalment we will go over several important cases, such as: Cooper v Commissioner of Income Tax for the State of Queensland [1907]; Taylor v Attorney-General (QLD) (1917); McCawley v The King [1920]; Attorney-General (NSW) v Trethowan (1931); South-Eastern Drainage Board (SA) v Savings Bank of South Australia (1939); West Lakes Ltd v South Australia (1980); Attorney General (WA) v Marquet (2003 ..read more

On the second episode of the podcast, we are going to build on our understanding of Australia's federal system by covering State governments, their constitutions and also the plenary nature of their power ..read more

Welcome to the first episode of 'Surviving Constitutional Law'. In today's podcast we will go over some of the basic aspects of constitutional law, and explore some of the history and influences which have impacted our legal development. This episode is titled 'Foundations' as it is a crash course on the 'essentials' which will prepare you for more complex topics being discussed in later installments.   If you know nothing about the area, this is a good place to start. So sit back, relax and we will begin our journey of understanding Australian constitutional law ..read more