Cheryl Saunders
@CherylSaunders1
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Laureate Professor Emeritus, Melbourne Law School. Constitutions and public law, in Australia & globally.
Joined January 2012
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Impressive for a Premier and senior Ministers to appear before such an inquiry and to make Cabinet documents available. Accountability comes in many forms.
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Why is a Royal Commission necessary in the wake of these fires? What could it usefully conclude that we don’t already know? May be better to get on with the blueprint for action on many fronts recently proposed by
@Science_Academy
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Can I suggest that a bit more governing might be useful on the Commonwealth’s part, to ensure that Australians are actively assisted and encouraged to receive vaccine boosters in a timely way, to avoid what is now happening in the northern hemisphere?
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Australians have at least a moral right to be in Australia - that’s the whole point. And governments -particularly Commonwealth governments- have the responsibility to make that possible. It’s their job.
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David Marr makes a very good point; these fires would give Australia valuable suasion to persuade others to greater international action on climate change- if we had a climate change policy ourselves.
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And so? Instead of just reporting the predictable, it would be helpful for journalists to explore who the ´detainees’ are and how so many of them ended up in indefinite detention without any sort of judicial process- contrary to the basics of our system of government.
Home Affairs Minister Clare O’Neil has confirmed more detainees than an initial 93 people could be released from immigration detention, following a landmark High Court decision.
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Ministers are responsible for implementation and delivery, as well as policy. That is the system of responsible government. The Constitution refers to them as ‘officers’ who ‘administer’ the ‘departments of State’.
Ridiculous to blame
@JoshFrydenberg
for this error.
Ministers should take responsibility for policy, not their department's forecasting and/or computational errors.
Treasury has over 100 SES staff on >$250k
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Simple message. ‘Get a grip’!
Bret Walker SC has not held back when giving his legal opinion on scaremongering being used suggesting the High Court will be overwhelmed with cases if The Voice passes.
"It's really too silly for words.."
----
He is really is riveting to listen to, absorb & learn.
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It’s not, actually, a Cabinet either.
National Cabinet is 'not a spectator sport', Scott Morrison declares when asked about cabinet secrecy versus transparency on decisions.
#auspol
#ScottyFromMarketing
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It is completely unsatisfactory for the report to the public on the National Cabinet to be made by two officers of the Armed Forces neither of whom ( presumably) are members of it.
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No wonder New Zealand decided it should be a one-way bubble.
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One of the main responsibilities of the national level of government in a federal system is to maximise the advantages of collective purchasing for public purposes in an international market.
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A great woman; a heartening message.
To the five and a half million Australians who opened their hearts to walk with us, we say thank you.
We see you, we hear you and we read your messages of support which keep us on an unwavering path towards justice and peace.
It's not over. We’re not going to live in silence.
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Congratulations to my brilliant friend and colleague,
@Adrienne_Stone1
, who has just been made a Laureate Professor
@UniMelb
. A tremendous accolade, and so appropriate!
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Someone should say it, and I’m glad you have. The Australian response to the pandemic has relied very heavily on the effectiveness of all State governments, their knowledge of their own patch and their ability to communicate with their people.
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The rejection of the draft Constitution in Chile is unlikely to be the end of the process of constitutional change. Many constitutional initiatives have failed in the first round, including in Australia. The challenge now is to decide what changes to make and how.
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The Uluṟu Convention was preceded by 12 regional dialogues. Their deliberations fed into the discussions at Uluṟu where the (one page) Statement for the Heart was agreed. The so-called extra pages are merely a synthesis of the various earlier dialogues. No great mystery.
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Worth watching:
@PressClubAust
today, former Chief Justice of Australia, Robert French, on the place of the Voice in the Australian Constitution.
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To correct misapprehensions, following
#insiders
. Quarantine is a shared power. Commonwealth law prevails if there is inconsistency. Typically, in Australia, each government administers its own legislation.
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May it go well. Some very important questions for the operation of Australian federal democracy are hanging on this.
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Great piece by Prof Anne Twomey, clearly identifying the legal rules, as well as the ministerial ethical standards, relevant to the sports grants affair. via
@abcnews
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Not quite. There is no new Constitution. But a lot has been learned, about constitutional options and about how they are pursued. This is now part of Chilean constitutional experience, which will manifest itself in due course, perhaps in unexpected ways
Chileans have rejected a conservative constitutional draft 55%-45%. Last year a leftist draft was rejected 62%-38%. Four years after embarking on a constitutional rewrite, Chile is back where it started. Perhaps the least bad option.
via
@el_pais
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An impressive list. One potentially applicable definition of corruption: ‘a condition in which private interests distort public processes by influencing the government in disregard of the democratic process’.
Prominent judges and lawyers have this morning published an open letter urging the federal government to stop dragging its heels on setting up a National Integrity Commission.
#auspol
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This just came up on my photo timeline,
@NyadolNyuon
. Remembering the great speech you gave that night!
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Just arrived- congratulations to the editors. Conceives of Australian legal history as a ‘three-way encounter’ between English, Australian and First Peoples legal regimes. An important contribution to both Australian history and legal pluralism.
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Who knows what National Cabinet actually agreed today. Whatever it was, it was important. But excessive secrecy and vague reported outcomes risks undermining public trust in an institution that actually is a good idea- despite its inappropriate name.
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There is always a question about whether and how most usefully to intervene on twitter. To make it clear, however: the constitutional moment that Uluru represents could not have occurred without the extraordinary, (& continuing) vision, leadership and commitment of
@mdavisqlder
.
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Unconstitutional, unlawful, unfair. Something needs to be done about Commonwealth spending programs.
Government diverted cash from $31m safer communities grants to ineligible projects, reports
@CroweDM
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She must be exhausted. Boundless admiration for her commitment. Worth following; may it go well.
Co-Chair of the Uluru Dialogues
@mdavisqlder
is tonight delivering the 32nd annual Lionel Murphy Memorial Lecture at NSW Parliament House.
#YoureTheVoice
#VoteYes
#UluruStatement
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Is is possible that this is contempt of Parliament in a new guise?
Good idea. If you are offended by
@TimWilsonMP
and his sleazy trickery then by all means contact one of these parliamentary officials.
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The sitting calendar already is very short. The Commonwealth Parliament needs to be much more, rather than less, active in scrutinising executive action and holding the government to account. Much of the electorate work overlaps with State and local government responsibilities.
Ban the booze, cut the hours, reduce the sitting calendar, implement rules with consequences. Some thoughts from
@juliahbanks
#auspol
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No need to rely on a vibe. The wording of the proposed change is available and straightforward. Best to start by reading it.
He says Australians "need to question it and not just rely on the vibe".
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If this goes ahead, they should consider the feasibility of a constitutional challenge
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About to go to a restaurant. Hadn't crossed my mind. Or that of anyone else I know. via
@theage
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When this is over, let’s have a calm look at the adequacy of our emergency laws around the country. In the light of the experiences of 2020, are they fit for managing crises? Do they have appropriate checks and balances? But we’re not there, yet.
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‘Serious decisions to advance the nation’ are not supposed to be made in the caretaker period; at least without consultation with the Opposition
Government is about making serious decisions to advance the nation. Today we had an Executive Council with the Governor-General at Government House.
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It will be interesting to hear the outcome. It (surely) need hardly be said, however, that what seems to have been done is entirely contrary to the basic principles of parliamentary responsible government.
Anthony Albanese says he'll get a full briefing this afternoon on Scott Morrison's secret use of ministerial powers.
Department of the Prime Minister and Cabinet secretary Glyn Davis is seeking legal advice from the Solicitor-General today.
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Yes or no is your choice. Decision is your responsibility. If you don’t know, there are places to go to find out. If you have questions, ask here, and we’ll do our best to answer them: .
#voice
#Referendum2023
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Full points to Justin Gleeson. A distinguished Solicitor- General who as now resigned with real dignity. A loss to Australian public life.
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This long-read interview with
@devisridhar
is well worth it. Thoughtful and informed on global responses to the pandemic. And on the benefits of overreaction, if unsure.
We had a memorable pan-pandemic conversation with
@devisridhar
, Professor & Chair of Global Public Health
@EdinburghUni
. She's such a phenom we tried to recruit her back to the US
@TheLancet
profile:
@Medscape
w/
@cuttingforstone
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Oxford Handbook of the Australian Constitution successfully launched! Very much enjoyed collaborating in this project with
@Adrienne_Stone1
.
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Victoria’s pandemic legislation is an early attempt at balancing concerns about public health and accountability in pandemic specific, rather than emergency legislation. It may change in due course, but it will be influential. Credit to those involved in this difficult task.
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We are not 8 mini countries and nor are we a unitary country. Federalism has been a strength during this pandemic. There’s also more collaboration at the moment than some of the political rhetoric suggests.
I’m sick of the fact that we are 8 mini countries in Australia. We are Australians first. If the COVID epicentre is Sydney right now, part of the solution is getting jabs in arms there.
#insiders
@InsidersABC
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Book to honour work of Paul Craig has been out for a while, but just arrived in Melbourne. A great collection, focussing on different aspects of his interests. I used it as an excuse to write about Multilevel Constitutionalism. A good fit!
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And they’re still unconstitutional.
.
@KarenMMiddleton
on concerns over new sports grants that channel millions of dollars to Coalition seats: "There is no competitive merit-based process. The government simply nominates the projects, enabling it to still favour target seats."
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A very long time, in a major national crisis, the the federal executive to be without parliamentary scrutiny. These are unprecedented conditions, but alternative accountability mechanisms needed.
The House has agreed to a revised sitting pattern. Following today's sitting, the next scheduled sitting will be on Tuesday 11 August.
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Many congratulations to
@mdavisqlder
on her appointment as honorary professor
@MelbLawSchool
. Wonderful for the Law School and its staff and students too. Very much looking forward to working with her in this new capacity.
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‘Do not satisfy public and community expectations’? What sort of euphemism is that? They were unlawful. And in a country that used to pride itself on complying with the rule of law.
Sports rorts inquiry calls on Sport Australia to clarify legality of grants made (government-dominated inquiry) from
@murpharoo
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Terrific, by
@gautambhatia88
, on the BBI decision of the Kenyan CA (also terrifically useful). Further instalments eagerly awaited!
New blog post (and the first of many on this): The Kenyan Court of Appeal’s BBI Judgment – I: On the Basic Structure
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Having sped-read the prorogation decision it occurs to me that the UK will benefit from the emphasis placed by the Court on the role of Parliament and the importance of executive accountability to it. Other parts of the Westminster-system world may do so too.
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How does it fit with compulsory voting (and the assumptions and practices associated with compulsory voting)? Very much an awkward import into the Australian scene.
how is this voter ID thing not just a rather indiscriminate culture war import? a dead cat to take our mind of other matters perhaps.
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This is a wonderful photo, which captures him well; learned, wise and kind, with a hint of mischief. His influence and memory will be lasting. In addition to his many contributions on the HCA, he was a critical figure in giving the ‘new administrative law’ a splendid start.
Former High Court Chief Justice Gerard Brennan has died, aged 94. He was appointed by the Fraser government in 1981 and appointed Chief Justice by the Keating government in 1995, serving until his retirement in 1998.
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‘Rational and proportionate’ v ‘absurd and wrong’. What is going on in agencies like Centrelink? Are they just too remote from the people they are supposed to serve?
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#ABC730
very disappointing tonight on the Victorian pandemic legislation. Lots of yesterday’s story. No analysis of the really interesting and creative amendments that are on the table at the moment.
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Welcome reflections from
@rachelrwithers
about the real people who were released from detention following the HCA ruling and the disproportionate policy response.
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Hyperbole aside (!), if you have questions about the coming referendum, please send them through. We’ll answer them as clearly and as quickly as we can.
One of the world’s leading constitutional law experts, Prof
@CherylSaunders1
AO, answers some common questions about the Voice ⬇️
Do you have a question for our experts about the upcoming Voice to Parliament referendum? Submit your questions here →
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Recognition of Somaliland by Kenya. A potentially significant development.
#KENYA
#SOMALILAND
A tweet by Kenya's Ministry of Foreign Affairs recognizes breakaway region of Somaliland as a country amid frosty relation between Nairobi and Somalia over the maritime dispute.
@ForeignOfficeKE
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‘Palace Letters’ to be released at 11am tomorrow.
Palace letters: Queen's secret correspondence surrounding Gough Whitlam's dismissal to be released on 14 July
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This story is incomplete without understanding the role of Australian federalism in responding to COVID-19.
Australia proved it’s possible to eliminate COVID-19.
Other countries could do this, too.
“Australia not only flattened that curve, it destroyed that curve ... That didn’t happen by accident, it didn’t happen because of luck.”
#auspol
#NoCovid
#ZeroCOVID
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I’m not convinced the Commonwealth could have managed COVID-19 as well as the States. Conditions are very different around Australia. Innovation has been fruitful. An interface with State health systems is inevitable. Ideology would have been a problem, too.
Facts: Quarantine is a federal responsibility; the NSW outbreak was from a failure of quarantine. Australia cannot control COVID-19 with multiple state quarantine systems. We need a national quarantine system not eight different systems.
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National Cabinet now in Commonwealth Cabinet Handbook. Claims that it ‘operates according to long-standing Westminster principles of collective responsibility’ (para 149). Impossible, with members from 9 different Parliaments.
A new cabinet handbook has been published, which includes a section on the operation of national cabinet
#auspol
@australian
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Ministerial standards are imposed by the government of the day, without public consultation as far as I’m aware. No doubt they are important. But they are not as important as legal rules, created by the democratically elected Parliament or under its authority.
#ruleoflaw
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There is no point in constitutional recognition in a form that is not accepted as meaningful by those being recognised. The Uluṟu process told us what would be considered meaningful- and what would not.
The voice model is not the problem. Anyone making this argument is trying to manufacture a scapegoat for all of the bigotry, politics, lies and misinformation designed to deny us again.
#VoteYes
#VoiceToParliament
#auspol
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Very much looking forward to teaching Constitutions in Global Perspective in the
@MelbLawSchool
Masters with
@AMDziedzic
this semester. Challenging topics and terrific presenters, including
@DineshaSam
,
@tarunkhaitan
,
@SamBookman
,
@LizHcks
and others from
@CCCSMelbourne
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It's not nitpicking. The distinction between the legislature and the (executive) government is critical. The problem arises partly because we use the term 'government' so loosely, to make up for the absence of any developed idea of a 'state'.
Hate to say it, but he’s technically correct. In The Westminster system, the government consists of sworn ministers. Any other Libs or Nats are members of the government parties, but not of the government itself. Nitpicking point, but...
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The point that
@thomasmayo23
makes here has always seemed to me to be right. Can there be ‘recognition’, in any meaningful sense, without acceptance on the part of the ‘recognised’?
And re the Liberals saying they support constitutional recognition, but not a Voice - there is no recognition without listening to the people to be recognised.
So no, they do not support constitutional recognition. They are being dishonest.
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Good to have that confirmed!
#BREAKING
: Rex V Scott. ‘National Cabinet’ is not a Cabinet. More to follow …
#auspol
#FOI
#transparency
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Interesting year for federalism. ‘The return of international ( university) students to Australia is a State responsibility’. That might indeed be a good thing. But it’s news to me.
Victoria is under increasing pressure to outline its plan for the return of international students in the 2021 academic year, as billions of dollars in lost revenue hangs in the balance.
#covid19
#coronavirus
#economy
#springst
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Such a great panel at CCCS last night for the second Conversation on government, Parliament and the Voice. Many thanks to Catherine Liddle, Monique Ryan, Rosemary Laing and Terry Moran; also to all those behind the scenes. Video available soon!
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Not helpful for international students, who are midway through degrees and must already be doing it very hard. We need to care for them.
PM
@ScottMorrisonMP
tells international visitors to leave, says Australia must focus on its citizens and residents.
"If you're a visitor in this country, it is time, as it has been now for some while, and I know many visitors have, to make your way home”
#auspoI
@SBSNews
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I am delighted to have been elected as a Corresponding Fellow of the Academy this year and honoured to be in such company.
Fellows of the British Academy must be UK-based, but the category of Corresponding Fellows exists to recognise outstanding scholars around the world. We've elected 20 more this year, including curator and writer Okwui Enwezor:
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Is this a Nauruan decision? Or a joint Nauru-Australian decision? Or an Australian decision implemented by Nauru? One of many illustrations of how hard it is to hold anyone to account under these conveniently opaque arrangements.
Nauru orders MSF to stop refugee mental health work on island
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Good piece by Anne Twomey on the Patrick decision. May be appealed but seems ‘plainly correct’. Absolutely right.
Professor Anne Twomey explains the significance of yesterday's decision by White J rejecting the claim of "cabinet" secrecy for National Cabinet 1/2
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Australian Prime Minister reported to have ruled out recognising Australia’s First Peoples in the Commonwealth Constitution. If so, a huge opportunity... delayed.
After a plea from Noel Pearson, the Prime Minister has ruled out offering Australians a vote to enshrine the Indigenous Voice into the constitution.
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In a referendum we vote on the specific changes proposed to the text of the Constitution. These are set in the Constitution Alteration Bill passed by the Commonwealth Parliament. These will prescribe what the Voice is and the outer limits of what it can do.
What are we voting for at the referendum? The detail is clear. Exactly this:
#UluruStatement
#auspol
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Where to start with this claim… ? Maybe by wondering which New Zealand Constitution the study has in mind.
💰 Countries with longer constitutions tend to have more corruption.
Source:
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Detailed analysis by Professor Anne Twomey of how and why sports grants are unlawful at every level of decision- making. Important submission to the Committee. Spin off relevance for most other Commonwealth grants programs.
Submission of Professor Anne Twomey to the Senate Select Committee on Administration of Sports Grants
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Great pic! “
@MinaIlhan
: The Presidents of Argentina, Brazil and Chile today, and in the 70s :)
http://t.co/eLmJa8dYid”
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My contribution to this explores the (very good) idea of comparative constitutional theory through the lens of separation of powers. Great lens, huge challenge.
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This is a lovely, thoughtful, set of resources on the Voice referendum by the Buddhist Council of New South Wales. Kudos to them for taking the time to think the issues through and to explain them so effectively to others.
The Buddhist Council of NSW has released its response in supporting the Voice to Parliament. This is a fantastic resource for multilingual Australians helping to unify, not marginalise the many different people of our great land.
#VoteYesAustralia
#VoteYes
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Not just bizarre. It is unacceptable. It continues the mistake of accepting that coalition agreements are private, rather than public, property.
The idea that Australia’s climate policies are the subject of a “private negotiated settlement” between the two parties of government is quite bizarre.
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And it’s here! Looks great,
@mastermanmurray
! Also a most effective organisation of themes and ideas, now that I have the chance to look at it closely.
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This car park spending program is flagrantly unconstitutional. But the Commonwealth lacks not only power, but also capability to do things like this. Not a bad example of why ‘subsidiarity’ matters in practice.
Councils getting car parks under the federal government’s controversial commuter car park fund weren’t consulted about the projects until after they were announced, write
@katinacurtis
and
@swrighteconomy
#auspol
#carparks
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One of many inspiring tributes to the late, great, Justice Ginsburg, drawing hope from her own words.
"When the pendulum swings too far in one direction it will go back" - Supreme Court Justice Ruth Bader Ginsburg
#newsnight
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Great piece on the malaise(s) affecting universities. The situation is as bad as I’ve ever seen it. I doubt that solutions lie with the Commonwealth, itself over-enamoured with consultancies & centralisation. Need to come from the universities themselves.
In 2017, a Vice Chancellor in England resigned in shame over her “scandalous” salary, equivalent to around AU$820,000.
In Australia, this is average.
@TimboMoore
on how we arrived at such inequity in our education sector, and what can be done.
#Insiders
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Check out Constitutional Clarion - a fantastic new Youtube channel set up by Anne Twomey, to encourage constitutional understanding: . Looks great, and could hardly be more timely.
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Wise words from Murray Gleeson. The great advantage of the Voice as recognition is that it would be ‘substantive not ornamental’. And it’s a Voice to Parliament, not in Parliament. Not so complicated, really.
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Only in Australia would something claimed politically as an exercise of direct democracy be framed legally as gathering statistics
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Once this is over, we need to have a serious debate about the role of Parliament in constitutional change. Expedient politics as usual is not good enough in this very different context.
“We can’t win the election unless we defeat the Voice solidly, ie we need to defeat it to get to the election starting line," texted one Coalition MP during Wednesday’s exchanges between Albanese and Dutton.
(LNP - no integrity, just a lust for power)
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I’m overwhelmed, by this assessment
@JTasioulas
. And so glad to have had you in my early experimental comparative constitutional law class all those years ago!
Best law professor -
@CherylSaunders1
, as wonderful a human being as she is brilliant a scholar. Powerful antidote to the idea that academic brilliance has to come at the expense of being a complete human being.
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Extremely disappointing. Yet another HCA contribution to the federal fiscal imbalance, which bedevils the effective, responsive and accountable operation of the Australian federation.
This is a disappointing Federal High Court decision for urban transport sustainability which reserves distance based road user charging as a sole right of the Commonwealth over the states. Effectively it prevents states operating generalised road pricing.
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What are ‘traditional’ rights and freedoms?
Attorney-General Michaelia Cash says the new Human Rights Commissioner, Lorraine Finlay, will protect and promote "traditional rights and freedoms in Australia". But members of the LGBTIQ+ community fear the appointment will reverse years of advocacy work.
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Are we serious about constitutional recognition or not? Uluru was a constitutional moment for Australia- a rare gift. It calls for constitutional change. Seize the moment.
Shorten, and Brennan are wrong. Legislating first will doom First Nation hopes for a lasting voice that can survive through the cycle of political ideology as governments change.
Wrong tactically, and wrong by international example.
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Just arrived! Provided a great opportunity to think about the implications of territorial cleavages for constitution-building processes, in my contribution to the project. Great to have it in print.
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Many congratulations to
@AMDziedzic
, who submitted her thesis today, on the use of foreign judges in the Pacific. A terrific project to supervise, with
@Adrienne_Stone1
. And a real pleasure working with Anna - sorry (this phase) is over!
The wonderful
@AMDziedzic
speaks at her confirmation seminar: constitutional implications of the use of foreign judges in Pacific states
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What a plaque to stumble across this week. Where it all began...
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Equally to the point, she shows why the Constitution is no impediment. And she’s almost certainly right.
Anne Twomey says that 'in an emergency, maintaining public confidence in government is essential' and that some form of virtual Parliament should be possible during the coronavirus pandemic via
@ConversationEDU
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