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HomeRESEARCH AREASConstitution and Law

Constitution and Law

Australia's Constitution is its most important legal document, and the foundation on which this country is built. Here you will find our work on the importance of the Constitution and its relevance today, as well as our work on proposed changes to the Constitution.
PUBLICATIONS
Finally, Parliament Can Act On Restoring The Right To Free Speech

Finally, Parliament Can Act On Restoring The Right To Free Speech

Simon Breheny 20 July 2018 Constitution and law, Freedom of speech,

There is no right not to be ­offended. Yet dozens of provisions on the commonwealth statute books make it unlawful or illegal to ­offend. There is a right to freedom of speech, and each of these...

Originally appeared in The Australian
FIVE IDEAS TO FIX AUSTRALIA

FIVE IDEAS TO FIX AUSTRALIA

Simon Breheny, Matthew Lesh, Daniel Wild, Morgan Begg and Gideon Rozner Started 10 May 2018 Constitution and law, Dignity of work,

This article first appeared in the May 2018 edition of the IPA Review. PDF available here. A recent university study found that public satisfaction with our democratic processes and public trust...

PUBLICATIONS
Government Must Reject NSW ICAC-Style Kangaroo Court

Government Must Reject NSW ICAC-Style Kangaroo Court

Simon Breheny 30 January 2018 Constitution and law, Ipa today,

“Bill Shorten’s call for a federal corruption commission should be rejected by the government and by anyone that believes in basic legal rights,” said Simon Breheny, Director of Policy at...

Research Papers
Legal Rights Audit 2017

Legal Rights Audit 2017

Morgan Begg 27 December 2017 Constitution and law, Ipa today,

This report illustrates the ongoing erosion of legal rights that persists in Australia. This has been measured by an analysis of the content of all legislation passed by the federal parliament in...

The Ten Worst Constitutional Mistakes

The Ten Worst Constitutional Mistakes

Simon Breheny and Morgan Begg Started 18 December 2017 Constitution and law,

This article first appeared in the December 2017 IPA Review.  The Commonwealth of Australia Constitution Act was passed into law by the British parliament in 1900, received royal assent, and...

Media Releases
Religious Freedom Review

Religious Freedom Review

Morgan Begg 22 November 2017 Constitution and law, Faith and society,

“Section 18C must be included in any review of religious freedoms,” said Morgan Begg, research fellow at the free market think tank the Institute of Public Affairs. The Coalition...

Opinion
Fellow Citizens

Fellow Citizens

Morgan Begg 11 November 2017 Constitution and law, Ipa today,

The High Court’s decision last month to disqualify five federal parliamentarians for being dual citizens represents the worst excesses of judicial activism in Australia. In deciding that deputy PM...

Originally appeared in The Spectator Australia
Opinion
Some Are More Innocent Than Others

Some Are More Innocent Than Others

John Roskam 10 November 2017 Constitution and law, Ipa today,

A few days ago, Attorney-General George Brandis got a bit confused. He said that the debate about the citizenship status of politicians was becoming a “witch hunt” and “this is...

Originally appeared in Australian Financial Review
Opinion
Indigenous ‘Voice To Parliament’ Decision A Win For Liberal Democracy

Indigenous ‘Voice To Parliament’ Decision A Win For Liberal Democracy

Simon Breheny 3 November 2017 Constitution and law, Ipa today,

A recent decision of the Turnbull Coalition government has affirmed the bedrock principles of Australia as a proud liberal democracy. The decision of the federal government to reject the proposal...

Originally appeared in The Australian
Opinion
Talking Point: Public Policy Questions A Matter For Us All

Talking Point: Public Policy Questions A Matter For Us All

Morgan Begg 1 November 2017 Constitution and law, Freedom of speech,

While seemingly a win for freedom of speech, the High Court’s decision highlights why we shouldn’t rely on the judiciary to resolve contentious public policy questions. Two weeks ago the court...

Originally appeared in The Mercury
IPA TV
A Victory For Equality

A Victory For Equality

Simon Breheny 30 October 2017 Constitution and law, Ipa tv,

Simon Breheny explains why yesterday’s development on Indigenous Recognition is such an important step for equality.

IPA TODAY
Bank Regulation: Liberals Try To Prove They Hate Banks Even More Than Labor

Bank Regulation: Liberals Try To Prove They Hate Banks Even More Than Labor

John Roskam 27 October 2017 Constitution and law, Finance and economics,

“Since when did a conservative government become more socialist than the ALP? What does a conservative government stand for if it wants to regulate the employment conditions of leaders in...

Originally appeared in Australian Financial Review
Media Releases
Race Has No Place In The Constitution

Race Has No Place In The Constitution

Simon Breheny 26 October 2017 Constitution and law, Ipa today,

“The Coalition government’s decision to reject the divisive indigenous-only ‘voice to parliament’ is a win for equality and liberal democracy,” said Simon Breheny...

Research Papers
Three Reasons The Marriage Law Survey (Additional Safeguards) Act 2017 Is Bad Law

Three Reasons The Marriage Law Survey (Additional Safeguards) Act 2017 Is Bad Law

Simon Breheny 3 October 2017 Constitution and law, Freedom of speech,

This IPA Parliamentary Research Brief seeks to explain the problems with this law. Our research demonstrates that the Marriage Law Survey (Additional Safeguards) Act 2017 is bad law because it...

Opinion
Why Abolish 18C? Consider This Vexatious Complaint’s Threat To Free Speech

Why Abolish 18C? Consider This Vexatious Complaint’s Threat To Free Speech

Simon Breheny 28 September 2017 Constitution and law, Freedom of speech,

When the legal affairs editor of this paper, Chris Merritt, sent a carefully worded reply on March 9 to an email he had received two days earlier, that should have been the end of a matter...

Originally appeared in The Australian
IPA TODAY
Victorian Donation Law Changes A Threat To Free Speech

Victorian Donation Law Changes A Threat To Free Speech

Simon Breheny 18 September 2017 Constitution and law, Ideas and liberty,

The Andrews government’s proposed changes to Victorian donations law are undemocratic and a threat to freedom of speech, according to free market think tank the Institute of Public Affairs...

Media Releases
Emergency Plebiscite Law A Major Threat To Free Speech

Emergency Plebiscite Law A Major Threat To Free Speech

Simon Breheny 12 September 2017 Constitution and law, Freedom of speech,

Free market think tank the Institute of Public Affairs has today criticised the government’s emergency plebiscite vilification law as another attack on freedom of speech. “This vague legislation...

Opinion
Lack Of Same Sex Protection

Lack Of Same Sex Protection

Morgan Begg 2 September 2017 Constitution and law, Faith and society,

The (thankfully) former president of the Australian Human Rights Commission Gillian Triggs suggested recently that the same-sex marriage debate was taking place in a ‘post-truth’ climate and...

Originally appeared in The Spectator Australia
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Lockdowns Hit Low-Income Australians Hardest
Lockdowns Hit Low-Income Australians Hardest

New research released today by free market think tank the Institute of Public Affairs has found that the bottom fifth of income earners saw over half a million jobs disappear because of lockdowns...

Constitutional Ban On Fracking Autocratic, Illiberal and Undemocratic
Constitutional Ban On Fracking Autocratic, Illiberal and Undemocratic

The state government’s attempt to impose a constitutional ban on fracking is an unprecedented attack on democracy. No policy restriction like this exists in the Victorian constitution. Never...

Government And Little People: The Democratic Divide In Danandrewstan
Government And Little People: The Democratic Divide In Danandrewstan

The disconnect between the protected public sector and mainstream Victorians was perfectly encapsulated by the Secretary of the Department of Treasury and Finance, David Martine, last week...

Spectator Australia TV | CounterCulture Ep 1 | Welcome To The Most ANTI WOKE Show On The Internet
Spectator Australia TV | CounterCulture Ep 1 | Welcome To The Most ANTI WOKE Show On The Internet

    Welcome to the BRAVEST, BOLDEST, most ANTI WOKE show on the internet! 💪🏼 📺 | CounterCulture Episode 1 – Spectator Australia TV Are you sick of the woke, luvvie-infested...

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Lockdowns Hit Low-Income Australians Hardest
Lockdowns Hit Low-Income Australians Hardest
6 March 2021
Constitutional Ban On Fracking Autocratic, Illiberal and Undemocratic
Constitutional Ban On Fracking Autocratic, Illiberal and Undemocratic
4 March 2021
Government And Little People: The Democratic Divide In Danandrewstan
Government And Little People: The Democratic Divide In Danandrewstan
2 March 2021

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