Surviving Constitutional Law

In this episode we cover the 'Race' Power in s 51 (xxvi) of the Commonwealth Constitution.

We will discuss the text, history and broader contextual considerations of this very unusual and unique power within the Australian constitutional framework.

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. 

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...

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 'Aliens' power in s 51 (xix), so stay tuned for that instalment coming soon...

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.

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 judiciary and much more. 

Hope you enjoy our first guest episode!

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 overview is presented to listeners.

This is an important topic, and very difficult to summarise in a one hour segment - hope you enjoy!

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 case law to understand this topic. And, as always the episode wraps up with a summary of how exercise of this power could have potentially wide-reaching effects on government in Australia. 

This episode is a complex one, so find a comfortable chair - sit back - relax, and lets begin... 

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!

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. We will also go over the sources of legislative power within our constitution, and the unique role of the Monarch - whose role transcends the Legislative / Executive distinction. Building from this basic overview, the episode also provides some comparative discussions of the U.K, U.S. and Canadian legislatures to place our law within the context of the broader field of constitutional theory. 

So, sit back, relax, and let's dive into the topic...   

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);

In addition to these cases and their significance, the episode also offers a brief contrast to some of the relevant state law in the U.S.A to offer you a greater contextual understanding of the area. 

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.

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!

Here is a quick introduction to the Surviving Constitutional Law podcast and its host Cameron Shamsabad. Whether you are a student trying to survive a core unit of your Australian law degree, or a consti' nerd (like Cam), this is the podcast for you. In this episode, the vision for the future of the podcast is set out. Stay tuned for the next episode dropping real soon...