The High Court recently released its judgment in the case of Alexander v Minister for Home Affairs [2022] HCA 19. The case touches on a topic we covered in our last episode on the 'Aliens Power' relating to the power of the Commonwealth to unilaterally strip a person of citizenship.  In this quick update episode, we will discuss the decision and its impact on both the Aliens Power, and Separation of Powers in the Australian constitution.  ..read more

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

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

On this episode of the 'Surviving Constitutional Law' podcast, we will be starting our two-part journey in understanding the powers over migration possessed by the Commonwealth government. We begin with s 51 (xxvii), the 'Immigration and Emigration' power. This episode covers the federation period and drafting of the provision, 'White Australia' policy laws, the High Court's endorsement of the absorption principle and comparison with the immigration powers of the United States and Canadian federal governments, respectively.  This episode ties in directly with the next in our series on the ..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