The times are they a-changin'? Can the Commonwealth parliament legislate for same sex marriages?

This article considers whether the marriage power contained in the Australian Constitution could support a Commonwealth law that recognised same sex marriages. To this end and after outlining the current constitutional meaning according to the High Court, three methods used for interpreting constitutional terms (connotation/denotation, moderate originalism, non-originalism) are examined to ascertain whether they could source such a law to the marriage power. It is submitted that none can do so without betraying their own core interpretative principle or the text and structure of the Constitution. However an alternative method for interpreting [*2] constitutional terms is proffered which may be able to establish a sufficient connection between a law that recognises same sex marriages and the marriage power. It involves recognising 'marriage' as a constitutionalised legal term of art whose meaning can be informed by developments since federation in common law and statute.

Invitation to Miss Deakin to celebrate the opening of the Parliament of the Commonwealth of Australia

Framed invitation to Miss Deakin (Ivy) to an evening reception to meet the Duke and Duchess of Cornwall and York to celebrate the opening of the Parliament of the Commonwealth of Australia at the Exhibition Buildings, 9 May 1901.

Invitation to Miss Deakin to the opening of the Parliament of the Commonwealth of Australia

Framed invitation to Miss Deakin (Ivy) to the opening of the Parliament of the Commonwealth of Australia at the exhibition Buildings, 9 May 1901.

Women, minorities, and proportional representation in Parliament : a proposal for voting reform

The right to vote permits the voices of the electorate to be heard in democracies. However, voting is often insufficient for minorities to obtain representation by their preferred candidates. For traditional political ‘minorities’ including women, self-representation is essential to political equality and social equity. Despite holding roughly 50% of the electoral vote in Australia for 100 years, women comprise only 22% of the Commonwealth Members and 29% of Senators. This paper proposes a new vote counting system, STV with Borda elimination or STV-B. STV-B retains proportional representation but much greater voter control over selection of candidates. STV-B would provide women with a mechanism that yields proportional representation for women without undermining party representation.