The Constitution Education Fund

During the height of the coronavirus pandemic, most of the Australian States and one Territory closed their borders to people from other States.

Section 92 of the Constitution protects freedom of movement of goods and people across State borders.

The High Court has recognised that this freedom of interstate movement of people and goods can be limited if it is reasonably necessary to achieve some kind of legitimate purpose, such as protecting the community from harm. Such a purpose is likely to include protecting the health of the people of a State during a pandemic. But how far can such limitations go?

This week we take a look at the three challenges launched in the High Court in relation to the closure of the Western Australian and Queensland borders.

Reasonable and appropriate: restrictions on our rights to cross interstate borders During the height of the coronavirus pandemic, most of the Australian States and one Territory closed their borders to people from other States. The two states with the highest number of cases, NSW and Victoria, did not close their borders. The ACT also did not close its border. On the advice of the...

The Prime Minister of New Zealand Jacinda Ardern is joining the National Cabinet meeting via telelink tomorrow. The National Cabinet is made up of the Australian Prime Minister and the Premiers and Chief Ministers of the States and Territories.

We had a look through our archive and found an article published a few years ago about New Zealand's involvement with Australian Federation.

We thought you might enjoy reading it again.

Why didn’t New Zealand become an Australian State at Federation? Over the summer break a member of the CEFA team visited New Zealand. After touring around the Auckland Museum a question came to mind: why didn’t New Zealand join with the six other British colonies at Federation and become an Australian State? New Zealand is mentioned in the covering clauses of t...

The 2020 coronavirus pandemic gives us an opportunity to examine the values that underpin our Constitution.

We are all thinking about courage, endurance, support, respect for each other, and obedience to the laws enacted by our democratically elected Parliaments.
It is such values that have resulted in our nation’s spirit surviving through wars, depressions and pandemics.

We remember the great Prime Ministers and leaders and institutions who took our nation through earlier crises and demonstrated the guidance, resilience and strength our democracy depends on.

And we hope the current leaders we have elected to our parliaments are up to doing a good job.

Anzac Day, the Australian spirit, shared values and coronavirus Throughout the world’s written history Emperors, Kings, dictators, political and community leaders and philosophers searched and struggled to form systems of government. They experimented with new rules and laws. Those we most admire preserved a cultural value system for the people of the time tha...

During a pandemic, when lives are at risk, we want the Government to protect us, no matter what. This raises important public policy questions.

Should we still strictly apply the law, or does an emergency justify a Government acting outside the law? Should Parliaments continue to scrutinise government actions, or just let Ministers get on with dealing with the crisis? Can a “national cabinet” take over and make laws outside the constitutionally prescribed law-making institutions?

At CEFA, we thought this was a good time to take a look at how governments and Parliaments have responded to the COVID-19 pandemic in Australia, and whether they are continuing to respect and apply the constitutional principle of the “rule of law”.

The rule of law during the coronavirus pandemic During a pandemic, when lives are at risk, we want the Government to protect us, no matter what. This raises important public policy questions. Should we still strictly apply the law, or does an emergency justify a Government acting outside the law? Should Parliaments continue to scrutinise governme...

People have been asking recently whether it is constitutionally valid for the States to close their borders to residents of other States.

Doesn’t the Constitution guarantee freedom of movement or prevent States from discriminating against people from other States?

Can Australian States lock-out residents of other States? People have been asking recently whether it is constitutionally valid for the States to close their borders to residents of other States. Doesn’t the Constitution guarantee freedom of movement or prevent States from discriminating against people from other States? Yes, the Constitution gives a deg...

Federalism distributes political power between the different parts of the federation. We have the Commonwealth Government, and the Governments of the States and Territories.

But which level of government has to power to what during the current coronavirus pandemic? And is is better if the cooperate or compete?

Is cooperative federalism all it’s cracked up to be? Thank-you Dr Oscar Roos for your comment on the article we published earlier this week titled: A functioning Parliament during a time of crisis. Dr Roos suggested that we might like to write about federalism: The States, and cooperative federalism (and its more prominent cousin, unco-operative feder...

As the coronavirus spreads around our cities and towns some of you might be wondering what will happen with our governance.

The Commonwealth Parliament is meeting today and perhaps tomorrow with a reduced number of MPs.

But what happens after that?

We've put together some information guided by the Constitution as to how the Parliament can function during a crisis.

A functioning Parliament during a time of crisis As the coronavirus spreads around our cities and towns some of you might be wondering what will happen with our governance. The Commonwealth Parliament is meeting today and perhaps tomorrow with a reduced number of MPs. The two major parties have given each other 30 pairs. This means that 30 Coaliti...

On Tuesday 11 February the High Court handed down its decision in Love v Commonwealth of Australia and Thoms v Commonwealth of Australia.

Daniel Love and Brendan Thoms were born overseas, each of them has an Aboriginal parent and have lived in Australia since they were young children. They were subject to being deported under the Migration Act , which relies on the aliens power found in the Constitution.

The Court was split, with the majority finding that Aboriginal Australians cannot be aliens.

This week we explore the constitutional term 'aliens' and reflect on what this decision might mean.

High Court decision defines Aboriginal Australian identity On Tuesday 11 February the High Court handed down its decision in Love v Commonwealth of Australia and Thoms v Commonwealth of Australia.

You might remember the election campaign in 2019 with Liberal and National Party members and candidates announcing grants for sporting clubs. The Australian National Audit Office (ANAO) was prompted to have a look into the Community Sport Infrastructure program.

Last week the ANAO report was handed down. Since then the media have headlined debate over Ministerial power to hand out grants and whether the power to make grants to sporting clubs is a Commonwealth or State Power.

So what things can the Commonwealth legislate about?

Our Constitution and sports grants You might remember the election campaign in 2019 with Liberal and National Party members and candidates announcing grants for sporting clubs. The Australian National Audit Office (ANAO) at the time was prompted to have a look into the Community Sport Infrastructure program. The program was set up in...

Not long to go before the Governor-General’s prize closes for the year. $10,000 prize money. Submit your essay by 31 December 2019. Open to undergraduates that studied in an Australian university in Australia for all or part of the year.

Governor-General's Prize An annual essay competition for students enrolled in an undergraduate degree at an Australian University and studying in Australia for all or part of 2019. This prestigious competition provides students with the opportunity to be recognised for their academic skill, talent, and research.

Only one week to go before the Governor-General’s prize closes for the year. $10,000 prize money. Open to undergraduates that studied in an Australian university in Australia for all or part of the year.

Governor-General's Prize An annual essay competition for students enrolled in an undergraduate degree at an Australian University and studying in Australia for all or part of 2019. This prestigious competition provides students with the opportunity to be recognised for their academic skill, talent, and research.