Anne Twomey

The University of Sydney - Faculty of Law

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

  • The University of Sydney - Faculty of Law

SCHOLARLY PAPERS

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Scholarly Papers (44)

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1.

The Refusal or Deferral of Royal Assent

Public Law, pp. 580-602, Autumn 2006, Sydney Law School Research Paper No. 07/58
Number of pages: 23 Posted: 16 Aug 2007 Last Revised: 20 Nov 2007
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 1,123 (38,019)

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royal assent, legislation, Parliament, parliamentary procedure, commencement of Acts, Crown, advice to Queen, ministerial responsibility, executive power, validity of laws, Governors, Commmonwealth of Nationas, reserve powers, manner and form

2.

The Governor-General’s Role in the Formation of Government in a Hung Parliament

Sydney Law School Research Paper No. 10/85
Number of pages: 26 Posted: 27 Aug 2010
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 886 (53,114)

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hung Parliament, reserve powers, Governor-General, Crown, minority government, coalition government, resignation of Prime Minister, constitutional conventions, Constitution, formation of government, no confidence motions, elections, prerogatives, election promises

3.

Changing the Rules of Succession to the Throne

Sydney Law School Research Paper No. 11/71
Number of pages: 27 Posted: 13 Oct 2011
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 866 (54,851)

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succession to throne, Australia, Canada, New Zealand, Tuvalu, Antigua, Statute of Westminster, Crown, Queen, discrimination, Catholics, Commonwealth of Nations, abdication, Realms, federations, divisibility of Crown

4.

Responsible Government and the Divisibility of the Crown

Public Law, pp. 742-767, Winter 2008, Sydney Law School Research Paper No. 08/137
Number of pages: 26 Posted: 16 Nov 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 850 (56,519)

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Crown, Queen, United Kingdom, responsible government, British Overseas Territories, South Georgia, Australian States, Canada, Scotland, Colonies, Executive Government, Constitution

5.

Constitutional Recognition of Indigenous Australians in a Preamble

Constitutional Reform Unit, Sydney Law School, Report No. 2, 2011, Sydney Law School Research Paper No. 11/56
Number of pages: 69 Posted: 05 Sep 2011 Last Revised: 29 Sep 2011
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 755 (65,929)

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constitutional amendment, referendum, constitutional preamble, Aboriginal people, indigenous peoples, statutory interpretation, constitutional interpretation, equality, constitutional rights

6.

Pushing the Boundaries of Executive Power – Pape, the Prerogative and Nationhood Powers

Melbourne University Law Review, Vol. 34, No. 1, pp. 313-343, 2010, Sydney Law School Research Paper No. 10/117
Number of pages: 32 Posted: 07 Nov 2010
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 747 (66,837)

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executive power, prerogative power, emergency powers, federalism, nationhood power, constitutional implications, spending power, appropriations, legislative power, capacities of the crown

7.

An Obituary for Section 25 of the Constitution

Public Law Review, Vol. 23, No. 2, pp. 125-141, 2012, Sydney Law School Research Paper No. 12/57
Number of pages: 24 Posted: 29 Aug 2012
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 690 (74,115)
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Constitution, race, voting rights, indigenous Australians, US 14th Amendment, discrimination, constitutional history, equal protection, franchise, citizenship, aboriginal people, constitutional amendment, referendum, constitutional reform

8.

The Fijian Coup Cases - The Constitution, Reserve Powers and the Doctrine of Necessity

Australian Law Journal, Vol. 83, No. 5, pp. 319-330, 2009, Sydney Law School Research Paper No. 09/26
Number of pages: 18 Posted: 08 May 2009
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 586 (91,020)

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coup d'état, reserve powers, doctrine of necessity, Constitution, extra-constitutional action, democracy, rule of law, military regimes, elections, dissolution of Parliament, dismissal of Prime Minister

9.

The Race Power – Its Replacement and Interpretation

Federal Law Review, Vol. 40, pp. 413-443, 2012, Sydney Law School Research Paper No. 13/13
Number of pages: 34 Posted: 10 Mar 2013
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 558 (96,777)

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indigenous peoples, race, constitutional interpretation, original intent, referendum, preamble, constitutional entrenchment, deference, advancement

10.

The Reform of Australia's Federal System

Sydney Law School Research Paper No. 07/80
Number of pages: 35 Posted: 28 Nov 2007
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 527 (103,914)

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federalism, allocation of power, legislative power, executive power, intergovernmental agreements, federal financial relations, constitutional conventions, constitutional reform, constitutional amendment, mutual recognition of standards, framework laws, tied grants, cross-vesting of judicial power

11.

Constitutional Conventions, Commissions and Other Constitutional Reform Mechanisms

Sydney Law School Research Paper No. 08/38
Number of pages: 25 Posted: 16 Apr 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 480 (116,326)

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constitutional reform, constitutional conventions, constitutional commissions, parliamentary committees, deliberative polls, citizens' assemblies, referendum, deliberative democracy, constitutional amendment, election of delegates, political parties, financing constitutional reform

12.

Implied Limitations on Legislative Power in the United Kingdom

Sydney Law School Research Paper No. 07/59
Number of pages: 18 Posted: 16 Aug 2007 Last Revised: 20 Nov 2007
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 453 (124,576)

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parliamentary supremacy, Parliament Acts 1911 and 1949 (UK), leigslative power, justiciability, parliamentary procedure, abolition of House of Lords, manner and form, constitutional amendment, prolongation of Parliament, parliamentary privilege, use of parliamentary materials

13.

Fundamental Common Law Principles as Limitations Upon Legislative Power

Oxford University Commonwealth Law Journal, Vol. 9, No. 1, pp. 47-71, 2009, Sydney Law School Research Paper No. 10/29
Number of pages: 24 Posted: 03 Mar 2010
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 429 (132,777)

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Crown, colonies, executive power, prerogative power, repugnancy, Colonial Laws Validity Act, fundamental common law principles, judicial review

14.

Changing the Leader – The Constitutional Conventions Concerning the Resignation of Prime Ministers and Premiers

Federal Law Review, Vol. 39, pp. 329-360, 2011, Sydney Law School Research Paper No. 12/13
Number of pages: 33 Posted: 23 Feb 2012 Last Revised: 28 Feb 2012
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 358 (162,916)

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Constitutional conventions, Parliament, Prime Minister, Premier, dismissal, reserve powers, Governor-General, resignation, Cabinet, vote of no confidence, prorogation, elections

15.

The De-Colonisation of the Australian States

Sydney Law School Research Paper No. 07/19
Number of pages: 23 Posted: 09 May 2007
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 333 (176,178)

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Australia, United Kingdom, residual links, Australia Acts 1986, Statute of Westminster 1931, sovereignty, decolonisation, Crown, Queen of Australia, Queen of the United Kingdom, Constitution, independence, legal history

16.

Dangerous Democracy – Citizens’ Initiated Referenda in California

Public Law Review, Vol. 21, No. 2 pp. 70-76, 2010, Sydney Law School Research Paper No. 10/116
Number of pages: 9 Posted: 06 Nov 2010
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 316 (186,139)

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direct democracy, citizens’ initiated referendum, constitutional amendment, campaign finance, voting, representative government, reform, California

17.

A Revised Proposal for Indigenous Constitutional Recognition

Sydney Law Review, Vol. 36, No. 3, pp. 381-411, 2014, Sydney Law School Research Paper No. 14/92
Number of pages: 33 Posted: 21 Oct 2014
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 306 (192,656)

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Indigenous peoples, constitutional recognition, constitutional reform, race, preambles, discrimination, voting, referendum, purposive powers, proportionality, Aboriginal and Torres Strait Islander peoples, indigenous languages

18.

Brexit, the Prerogative, the Courts and Article 9 of the Bill of Rights

Sydney Law School Research Paper No. 19/79
Number of pages: 12 Posted: 13 Dec 2019 Last Revised: 04 Feb 2020
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 297 (198,831)

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crown, executive power, reserve powers, Parliament, prorogation, royal assent, prerogative, judicial power, justiciability, parliamentary privilege, parliamentary procedure

19.

Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan

University of Queensland Law Journal, Vol. 27, No. 1, pp. 47-69, 2008, Sydney Law School Research Paper No. 08/100
Number of pages: 22 Posted: 11 Sep 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 292 (202,492)

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constitutional interpretation, originalism, constitutional alteration, High Court, jurisprudence, referendum, constitutional implications, constitutional rigidity, federalism, policy, implied freedom of political communication

20.

Regency in the Realms – Dealing with an Incapacitated or under Age Monarch

Public Law Review, Vol. 27, No. 3, pp. 198-217, 2016, Sydney Law School Research Paper No. 17/02
Number of pages: 29 Posted: 06 Jan 2017
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 279 (212,891)

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Regency, Royalty, Succession to the Throne, Incapacity, Minority, Crown, Letters Patent, Federalism, Statute of Westminster, British Colonies, Independence

21.

Executive Accountability to the Australian Senate and the New South Wales Legislative Council

Sydney Law School Research Paper No. 07/70
Number of pages: 35 Posted: 21 Nov 2007
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 266 (222,619)
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Parliament, Executive, Upper House, Senate, Legislative Council, responsible government, executive accountability, privilege, public interest immunity, legal professional privilege, commercial confidentiality, Cabinet confidentiality, collective ministerial responsibility, cabinet documents

22.

The Reform of Political Donations, Expenditure and Funding

Sydney Law School Research Paper No. 08/136
Number of pages: 65 Posted: 12 Nov 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 258 (230,376)
Citation 1

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political donations, campaign financing and expenditure limits, public funding of political parties, political advertising, elections, representative government, freedom of speech and political communication, Australia, UK, Germany, NZ, Canada, USA

23.

Prorogation – Can It Ever Be Regarded as a Reserve Power?

Public Law Review, Vol. 27, No. 2, pp. 144-154, 2016, Sydney Law School Research Paper No. 17/03
Number of pages: 15 Posted: 06 Jan 2017
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 254 (233,924)

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Parliament, Prorogation, Governor-General, Vice-Regal Powers, Reserve Powers, Dissolution, Parliamentary Procedure, Summoning Parliament, Vote of No Confidence, Prorogation in Canada, Responsible Government

24.

Review of High Court Constitutional Cases 2007

University of New South Wales Law Journal, Vol. 31, No. 1, p. 215, 2008, Sydney Law School Research Paper No. 08/82
Number of pages: 24 Posted: 24 Jul 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 234 (252,508)

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High Court jurisprudence, constitutional law, judicial power, defence power, nationhood power, right to vote, precedent, original intent, judicial use of history, federalism, constitutional implications, constitutional interpretation, use of foreign sources by courts

25.

Federal-State Financial Relations and the Constitutional Limits on Spending Public Money

Sydney Law School Research Paper No. 14/32
Number of pages: 50 Posted: 03 Apr 2014
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 219 (268,870)

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federalism, inter-governmental financial relations, tax, expenditure, appropriations, grants, vertical fiscal imbalance, executive power, accountability, nationhood power, prerogative powers, the legal capacities of governments

26.

A Constitution for a New State - Dilemmas for the Northern Territory

Sydney Law School Research Paper No. 07/57
Number of pages: 27 Posted: 16 Aug 2007 Last Revised: 20 Nov 2007
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 202 (289,842)
Citation 1

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Northern Territory, Constitution, statehood, admission of new states, conditions upon admission of new states, constitutional entrenchment, manner and form, land rights, Governor, Crown, Australia Acts 1986

27.

Federalism and the Use of Co-Operative Mechanisms to Improve Infrastructure Provision in Australia

Public Policy, Vol. 2, No. 3, pp. 211-226, 2007, Sydney Law School Research Paper No. 09/15
Number of pages: 18 Posted: 02 Apr 2009
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 201 (291,160)

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federalism, infrastructure, uniform legislation, co-operative schemes, mutual recognition, constitutional reform, exchange of powers, framework laws

28.

Second Thoughts – Recall Elections for Members of Parliament

Sydney Law School Research Paper No. 11/55
Number of pages: 68 Posted: 05 Sep 2011
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 195 (299,248)

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elections, recall, fixed term Parliaments, direct, democracy, citizens' initiated referenda, campaign funding, corruption, term of office, early elections

29.

The Australian Crowns - Changing the Rules of Succession

Quadrant, Vol. 53, No. 6, pp. 44-47, 2009, Sydney Law School Research Paper No. 09/49
Number of pages: 8 Posted: 02 Jun 2009
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 193 (302,074)

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Crown, succession to throne, Queen, abdication, United Kingdom, Australia, discrimination, Statute of Westminster, Commonwealth of Nations, federalism, Australia Acts 1986

30.

Rowe v Electoral Commissioner – Evolution or Creationism?

University of Queensland Law Journal, Vol. 31, No. 2, pp. 181-202, 2012, Sydney Law School Research Paper No. 13/12
Number of pages: 26 Posted: 10 Mar 2013
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 191 (304,929)

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Universal franchise, compulsory voting, constitutional interpretation, constitutional evolution, parliamentary sovereignty, election writs

31.

The Exercise of Reserve Powers in Victoria from 1912-1955

Australian Bar Review, Vol. 39, No. 2, pp. 198-214, 2014, Sydney Law School Research Paper No. 16/15
Number of pages: 19 Posted: 11 Feb 2016
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 175 (329,848)
Citation 1

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Crown, reserve powers, prerogative powers, Governor, dismissal of government, refusal of dissolution, minority government, blocking supply, advice by judges, coalition government, constitutional history

32.

Royal Assent – The Business of Parliament or the Executive?

Australasian Parliamentary Review, Vol. 30, No. 2, pp. 31-47, 2015, Sydney Law School Research Paper No. 16/12
Number of pages: 16 Posted: 11 Feb 2016
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 174 (331,527)

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Assent to legislation, executive power, representative government, responsible government, parliamentary procedure, reserve powers, prerogative powers, Queen, minority government, errors in bills

33.

Cutting the Gordian Knot - Limiting Rather than Codifying the Powers of a Republican Head of State

Sydney Law School Research Paper No. 09/48
Number of pages: 15 Posted: 01 Jun 2009
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 174 (331,527)

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republic, constitutional reform, reserve powers, codification, powers of head of state, dissolution of Parliament, prorogation, summoning of Parliament, dismissal of Prime Minister, royal assent, powers of upper houses, blocking supply, appointment of Prime Minister, fixed term Parliaments

34.

Keeping the Queen in Queensland – How Effective is the Entrenchment of the Queen and Governor in the Queensland Constitution?

University of Queensland Law Journal, Vol. 28, No. 1, pp. 81-100, 2009, Sydney Law School Research Paper No. 10/28
Number of pages: 20 Posted: 03 Mar 2010
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 169 (340,057)

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Queensland Constitution, Queen, Governor, divisibility of Crown, manner and form, constitutional entrenchment, repugnancy, royal assent, counsellors of state

35.

The Application of Constitutional Preambles and the Constitutional Recognition of Indigenous Australians

International and Comparative Law Quarterly, Vol. 62 No. 2, pp. 317-343, 2013, Sydney Law School Research Paper No. 14/30
Number of pages: 28 Posted: 14 Mar 2014
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 132 (415,839)

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preambles, constitutional interpretation, statutory interpretation, indigenous peoples, constitutional amendment, ambiguity, original intent, justiciability, fundamental principles, substantive rights, basic structure, Canadian preamble, United States preamble, Indian preamble

36.

Regionalism - A Cure for Federal Ills?

University of New South Wales Law Journal, Vol. 31, No. 2, pp. 467-492, 2008, Sydney Law School Research Paper No. 08/110
Number of pages: 27 Posted: 16 Sep 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 130 (420,762)

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federalism, regionalism, tiers of government, fiscal federalism, new States, abolition of States, referendum

37.

Advice to Vice-Regal Officers by Crown Law Officers and Others

Public Law Review, Vol. 26, No. 3, pp. 193-216, 2015, Sydney Law School Research Paper No. 16/14
Number of pages: 31 Posted: 11 Feb 2016
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 124 (436,227)

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Crown, advice to Queen, advice to Governor-General, reserve powers, prerogative powers, role of Attorney-General, role of Solicitor-General, legality, advice by academics, executive power, constitutional validity, justiciability, rule of law, separation of powers, responsible government

38.

Always the Bridesmaid – Constitutional Recognition of Local Government

Monash University Law Review, Vol. 38, No. 2, pp. 142-180, 2012, Sydney Law School Research Paper No. 13/14
Number of pages: 39 Posted: 10 Mar 2013
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 116 (458,701)

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referendum, constitutional amendment, local government, inter-governmental financial relations, grants, spending power, executive power, federalism

39.

McCloy v New South Wales: Developer Donations and Banning the Buying of Influence

Sydney Law Review, Vol. 37, No. 2, pp. 275-286, 2015, Sydney Law School Research Paper No. 15/60
Number of pages: 13 Posted: 13 Jul 2015
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 101 (507,092)

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Political donations, election campaign finance, corruption, freedom of expression, freedom of political communication, voting

40.

Legal Advice on the Mid-Term Replacement of an Australian Prime Minister Leading a Minority Government

Public Law Review, Vol. 24 No. 4, pp. 289-304, 2013, Sydney Law School Research Paper No. 14/29
Number of pages: 23 Posted: 14 Mar 2014
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 96 (524,471)

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minority government, resignation of Prime Minister, appointment of Prime Minister, reserve powers, Cabinet, ministry, advice to Governor-General, executive power, Solicitor-General, legal advice, policy advice, conditions on appointments, supply

41.

An Analysis of Pitt Cobbett's Portrait of Australia's Constitution from 1788 to 1919

A. Twomey, 'Pitt Cobbett - A Portrait of Australia's Consitution at 1919' in A. Twomey (ed.), "William Pitt Cobbett, The Constitution and Government of Australia, 1788 to 1919", The Federation Press, Sydney, 2019 , Sydney Law School Research Paper No. 19/72
Number of pages: 33 Posted: 06 Dec 2019
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 95 (528,076)

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legal history, constitutional interpretation, original intent, federalism, separation of powers, executive power, legislative power, judicial power, vice-regal power, elections, territories, Imperialism, colonialism, Crown, constitutional history

42.

The 2020 Summit - Success, Failure and Lessons for the Future

Sydney Law School Research Paper No. 08/83
Number of pages: 7 Posted: 24 Jul 2008
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 92 (539,050)

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2020 Summit, constitutional conventions, constitutional reform, governance, republic

43.

The Application of the Implied Freedom of Political Communication to State Electoral Funding Laws

University of New South Wales Law Journal, Vol. 35, No. 3, 2012, Sydney Law School Research Paper No. 13/15
Number of pages: 24 Posted: 10 Mar 2013
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 91 (542,810)

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political donations, campaign finance, freedom of speech, implied freedom of political communication, constitutional implications, representative government, constitutional interpretation, federalism

44.

Day v. Australian Electoral Officer (SA): Senate Voting Reforms under Challenge

Sydney Law Review, Vol. 38, No. 2, pp. 231-241, 2016, Sydney Law School Research Paper No. 17/21
Number of pages: 13 Posted: 20 Mar 2017
Anne Twomey
The University of Sydney - Faculty of Law
Downloads 63 (666,500)

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Voting, elections, representation of the people, exhausted votes, upper Houses, Senate, voting tickets, political parties, proportional representation