CCF – Judicature

The High Court last week decided that former Family First Senator Bob Day had been ineligible of sitting in the Senate since at least February 2016. He has been disqualified under section 44v of the Constitution:

Section 44 Any person who:

Lately we’ve noticed the term ‘the rule of law’ being thrown around a lot. Most of the time the emphasis seems to be about ‘law and order’. It can be confusing as there are elements of law and order within the rule of law, under our Constitutional arrangements.

On Friday 27 January, President Trump signed Executive Order 13769 which is titled ‘Protecting the Nation from Foreign Terrorist Entry into the United States’. This Executive Order restricted people from seven countries from entering the United States.

On Monday 30 January the new Chief Justice of the High Court, Susan Kiefel AC was sworn in. As the 13th Chief Justice, she is the first female to be appointed to the role since the High Court began operating in 1903 through Chapter III of the Australian Constitution.

Police, bail justices and Magistrates in Australia work hard to ensure that bail legislation is applied fairly and correctly. The terrible event in Melbourne a week ago has left many Australians questioning bail laws. Why was the person who allegedly committed the crime free on bail? Five people are dead and many more were injured. Could we have prevented this?

CEFA is delighted to announce that from early 2017 the Australian Constitution Centre will be established in the High Court of Australia, Canberra.

Before the US election, CEFA briefly wrote about the two cases that have been referred by the Senate to the High Court as the Court of Disputed Returns. This is actually a very unusual event.

Much of the world is in shock that Donald Trump will be the next President of the United States. This week CEFA decided to take a closer look at the similarities between the Australian and the US constitutions and our representative democracies.

Did you know that the High Court of Australia was not always the final court of appeal?

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