Surviving Constitutional Law Cameron Shamsabad

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!