Constitutional Clarion
Constitutional Clarion
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Proposed Racial Hatred Laws in New South Wales
This video concerns two bills introduced into the NSW Parliament to address an increase in racial and religious hatred, particularly involving places of worship and graffiti.
It addresses the Crimes Amendment (Places of Worship) Bill 2025 (NSW) - which makes it an offence to block access to places of worship or harass or intimidate those seeking to enter or leave the place of worship. The Bill also includes a power for police to issue 'move-on' orders to those who are blocking or intimidating people outside places of worship.
The video also addresses the Crimes Legislation Amendment (Racial and Religious Hatred) Bill 2025 (NSW) which makes minor changes, including increasing penalties, concerning existing offences.
The video then addresses the key reform that was promised, but not included in this package - establishing a new criminal offence of intentionally inciting racial hatred. The video discusses the NSW Law Reform Commission's report on the issue "Serious racial and religious vilification' (Report 151, September 2024) (lawreform.nsw.gov.au/completed-projects/recent/section-93z.html) and explains why the Commission decided not to recommend such an offence.
Переглядів: 108

Відео

What immunity do politicians have in Australia?
Переглядів 6 тис.7 годин тому
This video is the third in a series about immunity. It deals with the immunity from legal proceedings that is held by Members of Parliament and Ministers in Australia. Earlier videos dealt with the immunity of the US President and the comparative immunity of the King and vice-regal officers in Australia. This video addresses the limited immunity held by Members of Parliament as a result of thei...
What immunity do the King and Governor-General have in Australia?
Переглядів 7 тис.12 годин тому
Following a previous video about the immunity of the President of the United States, this video considers the immunity of the King and the Governor-General in Australia. (A later video will address the immunity of the Prime Minister and other ministers.) This video first looks at the immunity of the King in the United Kingdom, which has feudal origins in the maxim that the 'King can do no wrong...
Why doesn't the Constitution mention the Prime Minister or Cabinet?
Переглядів 6 тис.День тому
This video discusses why the Commonwealth Constitution does not mention the Prime Minister or Cabinet. It explains the history of the term 'Prime Minister' and how it was used interchangeably with other terms, such as Premier, First Minister and Chief Minister. It notes the formal title 'First Lord of the Treasury' in the United Kingdom, but that this title was not used in Australia. The video ...
"Sports-rorts" and a failure in government transparency
Переглядів 4,3 тис.14 днів тому
This video addresses the outcome of years of litigation under FOI by Rex Patrick to get a copy of the advice that the then Attorney-General, Christian Porter, gave to the then Prime Minister, Scott Morrison, in January 2020 about what has become commonly known as the "sports-rorts" affair. The first part discusses the litigation. It outlines the practice of avoiding transparency under freedom o...
Is the Commonwealth of Australia a corporation?
Переглядів 29 тис.14 днів тому
This video addresses claims on social media that the Commonwealth of Australia has become a for-profit corporation that is owned and registered in the United States of America. First, it explains the notion of legal personality - the capacity to enter into legal relations, such as contracts and to sue or be sued in the courts. It discusses how legal personality is held not only be human beings,...
US Presidential immunity - An Outsider's Analysis
Переглядів 8 тис.21 день тому
This video explains the US Supreme Court's decision on presidential immunity in Trump v United States and gives an outsider's perspective - that of an Australian constitutional lawyer - on it. The case concerned whether the then former President was immune from prosecution upon an indictment alleging he was engaged in a conspiracy to overturn the 2020 election and obstruct the official certific...
Why is Australia a "Commonwealth" and did Whitlam abolish it?
Переглядів 22 тис.21 день тому
This video addresses two issues. The first is the history of why Australia was given the name "The Commonwealth of Australia". It considers the meaning of the term "Commonwealth" and its association with republicanism and independent nationhood. It discusses why the framers chose it and why Queen Victoria objected to it. The second part concerns allegations that the Statute Law Revision Act 197...
The Great Seal Reveal - the validity of seals in Australia
Переглядів 6 тис.28 днів тому
This video is about the use of the Great Seal of Australia to seal official documents. It explains the history of the seal and shows how and why the seal has changed over time, along with changes to the royal style and titles. It discusses disputes over the use of the seal (one of which caused the Government to resign) and a legal challenge to the use of a State seal. It addresses claims that t...
Should the Australian Parliament have fixed four year terms?
Переглядів 8 тис.Місяць тому
This video discusses the prospects of a change from flexible three year terms to fixed-four year terms for the House of Representatives of the Australian federal Parliament. It considers the other issues that would have to be addressed if such a change were to take place. These include a change to the term of the Senate, what exceptions should be allowed for an early election and how to deal wi...
Sortition - Filling public office by lottery
Переглядів 3,7 тис.Місяць тому
This video discusses the filling of public office by lottery, which is known as sortition. Sortition was regarded as more democratic than election by the Ancient Greeks, as it treats people equally and avoids undue influence and corruption. Sortition was used, as an element of a very complex process, for choosing the Doges of Venice for 500 years. Sortition has been used in Australia for both j...
Electing the Governor-General
Переглядів 10 тис.Місяць тому
This video explains how the framers of the Commonwealth Constitution contemplated the possibility of the election of Australian State Governors and the Governor-General. It notes the concerns expressed by the framers about election, and the resulting constitutional provisions. It then goes on to discuss whether the election of the Governor-General today would be permitted, as a preliminary step...
A Christmas gift for the Clarionettes
Переглядів 1,9 тис.Місяць тому
This is a Christmas gift to the subscribers and viewers of this channel, containing photos of the local flowers and scenery which gave me joy every day this year. Enjoy (it's very short!) Copyright in the photos is mine - Anne Twomey 2024. The music is from Jingle Punks, via the UA-cam audio library. And yes, one could debate how many flowers, yachts, etc are in each photo. It depends on what y...
Religion and Constitution
Переглядів 7 тис.Місяць тому
This video is about the relationship between religion and the Constitution in Australia. It discusses the history of religion in the Australian colonies, including when Archdeacons and bishops sat in the New South Wales Legislative Council. It mentions the disqualification of members of the clergy from election to Parliament in the nineteenth century. The video then addresses the drafting of th...
Flying the Flag - But which one?
Переглядів 17 тис.Місяць тому
This video addresses the history of Australian flags and the executive and legislative power to 'appoint' a national flag. It discusses whether the requirement that the Australian National Flag be only changed with the approval of a vote of the people, is legally effective, or just a political imperative. It notes that other flags can be altered or revoked as Australian flags by an executive pr...
Pardon me - Why Australian politicians don't pardon relatives and friends
Переглядів 13 тис.Місяць тому
Pardon me - Why Australian politicians don't pardon relatives and friends
Amending an unamendable Constitution - A Fijian dilemma
Переглядів 4,2 тис.Місяць тому
Amending an unamendable Constitution - A Fijian dilemma
Must a Prime Minister be a Member of the Lower House of Parliament?
Переглядів 15 тис.2 місяці тому
Must a Prime Minister be a Member of the Lower House of Parliament?
Misinformation and Social Media ID - Bill updates
Переглядів 7 тис.2 місяці тому
Misinformation and Social Media ID - Bill updates
The Australian social media limits for under-16s
Переглядів 8 тис.2 місяці тому
The Australian social media limits for under-16s
Campaign expenditure - What other problems are there?
Переглядів 2,5 тис.2 місяці тому
Campaign expenditure - What other problems are there?
What's dodgy about the proposed Australian political donations reforms?
Переглядів 8 тис.2 місяці тому
What's dodgy about the proposed Australian political donations reforms?
The "MAD Bill" - Digital platforms and misinformation
Переглядів 13 тис.2 місяці тому
The "MAD Bill" - Digital platforms and misinformation
YBFZ - The validity of the Government's response
Переглядів 3,5 тис.3 місяці тому
YBFZ - The validity of the Government's response
The YBFZ case - Why curfews and ankle bracelets were held invalid
Переглядів 4,5 тис.3 місяці тому
The YBFZ case - Why curfews and ankle bracelets were held invalid
Human Rights and the Constitution
Переглядів 3,4 тис.3 місяці тому
Human Rights and the Constitution
Faruqi v Hanson - The constitutional validity of racial hatred laws
Переглядів 19 тис.3 місяці тому
Faruqi v Hanson - The constitutional validity of racial hatred laws
Republic - Can an Australian State unilaterally sever its links with the monarch?
Переглядів 11 тис.3 місяці тому
Republic - Can an Australian State unilaterally sever its links with the monarch?
Freedom from information - perpetuating government secrecy
Переглядів 9 тис.3 місяці тому
Freedom from information - perpetuating government secrecy
Lidia's Oath - Swearing at or to the King
Переглядів 33 тис.3 місяці тому
Lidia's Oath - Swearing at or to the King