If you can see through the illusion, you are part of the solution
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Constitution Watch has received many enquiries about the reservation of Bills. This little known process is often misunderstood, leading to guesswork. Below, we examine the reservation process in sections 58 and 60 of the Commonwealth of Australia Constitution Act 1900. Section 58 above provides the mechanism of Royal Assent, the Governor General when Read More …
The modern law of judicial review has spent decades insisting on a simple proposition: certiorari and appeal perform different constitutional functions. Yet applications continue to fail because that distinction is overlooked or deliberately blurred by litigants seeking a more favourable pathway to relief. Since Craig v South Australia, the High Court has drawn a firm line Read More …
This story is dedicated to the People of Norfolk Island in their struggle of Self Determination against outside forces. On 1 January 2026, the people of Norfolk Island exercised what they assert is their inherent right to responsible government, marking a significant moment in a long and contested political struggle. For many islanders, this election Read More …
The Fiction of Authority For centuries, the concept of sovereignty has stood as a foundational principle of political thought and legal order. It is the idea that a state or governing authority possesses the ultimate, unquestioned power over its territory and the people within it. But beneath this veneer of authority lies a profound question: Read More …
In the intricate landscape of Australian constitutional law, the principles established in the 1996 High Court case of Kable v Director of Public Prosecutions (NSW) stand as a cornerstone for safeguarding judicial independence within the states. An article from the Melbourne University Law Review sheds new light on these principles, exploring their ongoing relevance and Read More …
False arrest, or wrongful arrest, occurs when a person is taken into custody without probable cause or without following proper legal procedures. It happens when police lack reasonable grounds to suspect a person has committed an offence and can be a result of mistaken identity, a mere hunch, or an administrative error. In many jurisdictions, Read More …
For the next 182 days from this Sunday 30 November 2025 until 29 May 2026 every single person who walks, rides, drives or catches a train through central Melbourne (See below) will be presumed suspicious enough to be searched for weapons. No crime needs to have been committed. No intelligence briefing needs to be shown Read More …
Imagine waking up one day to find that your very existence, your ability to buy groceries, board a train, or even log into your email hinges on a single, unblinking digital key. Not a physical lock you can pick or smash, but an invisible chain woven from algorithms, biometrics, and government databases. This isn’t dystopian Read More …
In recent years, Victoria has taken bold steps toward recognising Aboriginal sovereignty within the state through the establishment of the First Peoples’ Assembly and the enactment of the Statewide Treaty Act 2025. The legislation empowers the Assembly to negotiate both statewide and local treaties with the Victorian government, to advise on policy and legislative initiatives, Read More …
The Victorian Civil and Administrative Tribunal has consolidated its procedural guidance in Practice Note PNVCAT1 ~ Common Procedures, a foundational document setting out how most matters before the Tribunal are to be managed, from lodgement to hearing and decision. This Practice Note is designed to ensure fairness, transparency, and efficiency in all VCAT proceedings, regardless Read More …