PAL WACE CASES

2022 Federal Election – Teal Independents

Rep gov; popular participation; representation. Voters in Liberal strongholds elected “teal” independents campaigning on climate & integrity. Consequence: showed electorate responsiveness & weakening of major-party dominance.

2025 Federal Election – Independents (7% vote)

Rep gov; representation. Independents secured 7% of vote, demonstrating sustained support beyond major parties. Consequence: strengthened trend toward diverse representation.

Diversity in Parliament – “White men’s club” debate

Representation; responsiveness. Historical underrepresentation of women/minorities in Parl. Consequence: reforms and societal pressure for inclusivity in candidate selection.

House of Representatives – FPP (1901–1918) → PV (1918–present)

Representation; electoral systems. Preferential voting replaced FPP in 1918. Consequence: ensures majority support, reinforces two-party dominance.

Senate – FPP → PV → PR (1949–present)

Representation; accountability. Senate adopted proportional representation in 1949. Consequence: allowed minor parties greater presence; more diversity of opinion represented.

Compulsory Voting (1924)

Popular participation; legitimacy. Law required all eligible citizens to vote. Consequence: near-universal turnout, strengthened legitimacy of elections.

Senate PR Reforms (1984 & 2016)

Representation; electoral accountability. Adjustments to Senate voting rules to modernise PR. Consequence: reduced preference gaming, fairer representation of public will.

AEC v McKinlay (1975, HC Aus)

Rule of law; representation. HC ruled s24 does not require equal electorate sizes. Consequence: upheld malapportionment until later reforms.

Rucho v Common Cause (2019, SCOTUS US)

Representation; electoral fairness. SCOTUS ruled partisan gerrymandering not justiciable. Consequence: gerrymandering largely unchecked, undermines fair representation.

Citizens United v FEC (2010, SCOTUS US)

Participation; rights; money in politics. SCOTUS held political spending = free speech. Consequence: unlimited corporate/union funding, rise of Super PACs.

PACs & Super PACs (US, post-2010)

Representation; participation. Interest groups raise & spend unlimited money after Citizens United. Consequence: elections heavily influenced by wealthy donors.

Wesberry v Sanders (1964, SCOTUS US)

Representation; rule of law. SCOTUS required congressional districts to have roughly equal populations. Consequence: enshrined “one person, one vote”.

2023 Voice Referendum

Participation; direct democracy. High turnout & engagement in Indigenous Voice referendum. Consequence: defeat showed polarisation, misinformation challenges informed participation.

School Strike for Climate (2018–present)

Popular participation; activism. Youth climate protests mobilised students to demand stronger policy. Consequence: broadened political engagement among young Australians.

Electoral reforms – PV & PR in Senate

Representation; participation. Reforms made votes translate more accurately. Consequence: boosted voter confidence & engagement, improved diversity of representation.

Referendums – 1967 (Indigenous) & 1999 (Republic)

Participation; direct democracy. Examples of citizens directly voting on constitutional change. Consequence: 1967 success expanded rights; 1999 defeat upheld monarchy.

Shelby County v Holder (2013, SCOTUS US)

Participation; rule of law. SCOTUS struck down Voting Rights Act provisions. Consequence: states enacted stricter ID laws, reducing minority access to vote.

Political divides (US regional)

Participation; representation. Rural South tends Democratic, urban North Republican (historic reversal). Consequence: shapes party engagement & voter behaviour.

Influence of lobby groups – NRA (US)

Participation; representation. NRA mobilises voters, pressures politicians. Consequence: strong influence on gun policy despite public opinion divides.

1st Amendment & protests

Participation; rights. Protects freedom of speech/assembly, enabling protests. Consequence: BLM movement influenced public debate & policy discussions.

Voluntary voting (US) – 2014 midterms

Participation; representation. Only 36% turnout under voluntary system. Consequence: raises concerns about legitimacy & inclusivity.

NZYQ v Minister for Immigration (2023, HC Aus)

Rule of law; rights; SOP. HC held indefinite detention of non-citizens unconstitutional. Consequence: detainees released, exposed long-standing breach of liberty protections.

Anti-terror laws (2000s–present)

Rule of law; rights; SOP. Laws expanded detention, surveillance, control orders. Consequence: limited access to justice, prioritised security over liberties.

Senate Standing Committee for Scrutiny of Delegated Legislation; Joint Committee of Public Accounts & Audit

Responsible government; accountability. Parliamentary committees review exec spending & delegated law-making. Consequence: strengthens legislative scrutiny of executive.

Williams v Commonwealth (2012 & 2014, HC Aus)

Separation of powers; rule of law; exec accountability. HC struck down executive spending on school chaplaincy. Consequence: reaffirmed need for parliamentary authorisation of spending.

Australian Communist Party v Commonwealth (1951, HC Aus)

Rule of law; SOP; rights. HC invalidated law banning Communist Party, protecting political freedoms. Consequence: reinforced judicial independence & limits on legislative overreach.

Thomas v Mowbray (2007, HC Aus)

Rule of law; SOP. HC upheld validity of control orders under anti-terror laws. Consequence: expanded executive/judicial powers in security context, undermined liberty protections.

Marbury v Madison (1803, SCOTUS US)

Separation of powers; judicial independence. Established judicial review power. Consequence: cornerstone of judicial authority to strike down unconstitutional laws.

War Powers Resolution (1973, US)

Checks & balances; SOP. Law restricted president’s unilateral military deployment. Consequence: ongoing tension between Congress and President over war powers.

Patriot Act (2001, US)

Rule of law; rights; SOP. Expanded surveillance & detention after 9/11. Consequence: raised concerns of executive dominance over civil liberties.

Brown v Board of Education (1954, SCOTUS US)

Rule of law; rights; judicial independence. SCOTUS struck down segregation in schools. Consequence: advanced civil rights, equal protection under law.

US v Nixon (1974, SCOTUS US)

Rule of law; SOP; exec accountability. Court forced Nixon to release Watergate tapes. Consequence: limited executive privilege, reinforced judicial check on president.

Chapter III of Cth Constitution (1900)

Separation of powers; judicial independence. Establishes federal judiciary separate from exec & leg. Consequence: entrenches judicial independence from politics.

Boilermakers’ Case (1956, HC Aus)

SOP; judicial independence. HC ruled courts cannot exercise non-judicial power & vice versa. Consequence: strict separation of judicial power in Australia.

Justice Lionel Murphy controversy (1980s, Aus)

Judicial independence; accountability. Murphy accused of attempting to influence case outcomes. Consequence: exposed vulnerability of personal independence, institutional safeguards held.

Interpretation Acts & mandatory sentencing (various, Aus)

Jud independence; SOP. restricting discretion limit jud role. Consequence: raised concerns about leg encroachment on courts.

Dobbs v Jackson Women’s Health (2022, SCOTUS US)

Judicial independence; rights. SCOTUS overturned Roe v Wade. Consequence: abortion rights curtailed, decision seen as politically influenced.

US Constitution Article III

Judicial independence; SOP. Grants federal judges life tenure & separates judiciary. Consequence: protects against political interference in courts.

Partisan confirmation battles (US, Garland 2016; Barrett 2020)

Judicial independence; accountability. Politicised Supreme Court nominations. Consequence: perceptions of judiciary as partisan.

Court-packing debates (US)

Judicial independence; SOP. Proposals to expand SCOTUS membership. Consequence: reflects tensions over judicial politicisation.

Kioa v West (1985, HC Aus)

Rule of law; rights; administrative law. HC ruled procedural fairness applies to administrative decision-making. Consequence: reinforced natural justice in executive decisions.

Administrative Appeals Tribunal (AAT, Aus)

Rule of law; accountability. Provides merits review of administrative decisions. Consequence: strengthens checks on executive power.

Al-Kateb v Godwin (2004, HC Aus)

Rule of law; rights. HC upheld indefinite detention of stateless asylum seekers. Consequence: highlighted judiciary permitting strong executive powers, later overturned in NZYQ.

Hamdan v Rumsfeld (2006, SCOTUS US)

Rule of law; SOP. Military commissions for detainees struck down as violating due process. Consequence: judicial check on executive wartime power.

Miranda v Arizona (1966, SCOTUS US)

Rule of law; rights. Established Miranda rights protecting accused during police questioning. Consequence: expanded procedural rights of defendants.

Gideon v Wainwright (1963, SCOTUS US)

Rule of law; rights. Guaranteed right to legal counsel for indigent defendants. Consequence: strengthened fairness in criminal justice system.

Hamdi v Rumsfeld (2004, SCOTUS US)

Rule of law; rights. Recognised detainees’ habeas corpus rights at Guantánamo. Consequence: limited, but still allowed indefinite detention without trial.

Cash bail system (US, ongoing)

Rule of law; rights. Poorer defendants disadvantaged by inability to afford bail. Consequence: inequality in justice system undermines fairness.

Koo Warta v Bjelke-Petersen (1982, HC Aus)

Rule of law; external affairs; rights. HC upheld Racial Discrimination Act 1975 under s51(xxix) after Qld blocked Aboriginal land purchase. Consequence: expanded Cth external affairs power using treaties.

Religious Discrimination Bill (2022, Aus)

Representative gov; law-making limits. Bill withdrawn after internal divisions. Consequence: shows Parl constrained by social conflict and political pressures.

Medevac Repeal Bill (2019, Aus)

Exec–leg relations; rights. Parliament repealed medical transfer laws for asylum seekers. Consequence: highlighted tension between exec dominance and leg oversight.

Inflation Reduction Act (2022, US)

Legislative independence; policy-making. Major US reforms on climate, health, and tax passed narrowly. Consequence: showed Congress’ ability to legislate despite partisan division.

Government Shutdown (2018–19, US)

Checks & balances; legislative–executive tension. 35-day shutdown caused by border wall funding dispute. Consequence: exposed dysfunction from deadlock.

Respect for Marriage Act (2022, US)

Rights; legislative independence. Codified same-sex marriage after fears Roe/Obergefell could be overturned. Consequence: ensured protection at statutory level.

Section 64 of Cth Constitution (1900)

Responsible government; conventions. Cabinet ministers must be elected MPs chosen by PM. Consequence: links exec to legislature, maintaining accountability.

Robodebt Royal Commission (2023, Aus)

Responsible gov; ministerial responsibility. Found ministers authorised unlawful debt scheme. Consequence: exposed exec dominance, failures of IMR/CMR.

COVID-19 Response (2020–22, Aus)

Exec power; rule of law. PM & Cabinet used Biosecurity Act 2015 for lockdowns & border closures. Consequence: reliance on broad exec discretion with limited scrutiny.

AUKUS Agreement (2021, Aus)

Exec power; foreign affairs. Security pact made without Parl approval. Consequence: demonstrates executive dominance in external affairs.

1975 Constitutional Crisis (Dismissal of Whitlam)

Responsible gov; conventions; reserve powers. GG dismissed PM after supply blocked. Consequence: showed contested nature of reserve powers & fragility of conventions.

Biden Student Loan Forgiveness Plan (2022–23, US)

Checks & balances; judicial review. Exec order to forgive loans struck down by SCOTUS. Consequence: reinforced court as check on executive.

Withdrawal from Afghanistan (2021, US)

Exec power; commander-in-chief. Biden ordered unilateral withdrawal. Consequence: demonstrated broad military discretion of President.

Exec Orders on Climate (2021–22, US)

Exec power; foreign policy. Biden rejoined Paris Agreement via exec order. Consequence: bypassed Congress gridlock to pursue climate action.

WorkPac v Rossato (2021, HC Aus)

Rule of law; industrial relations. HC clarified definition of casual employment under Fair Work Act. Consequence: shifted balance toward contractual terms, overturning Skene approach.

R v Wakim (1999, HC Aus)

Separation of powers; federalism. HC ruled cross-vesting scheme invalid—federal courts can only exercise powers under s75–76. Consequence: reinforced constitutional limits on cooperative schemes.

Love v Commonwealth (2020, HC Aus)

Rule of law; rights; federalism. HC held Aboriginal non-citizens cannot be considered “aliens” under s51(xix). Consequence: recognised unique constitutional position of Indigenous peoples.

Brett Kavanaugh Confirmation (2018, US)

Judicial independence; accountability. Narrow partisan Senate vote after sexual assault allegations. Consequence: intensified perception of SCOTUS as politicised.

Students for Fair Admissions v Harvard (2023, SCOTUS US)

Rights; judicial independence. SCOTUS struck down affirmative action in admissions. Consequence: limited consideration of race in education policy.

Trump v United States (2024–25, SCOTUS US, ongoing)

Rule of law; judicial independence; checks & balances. Case considers presidential immunity in Jan 6 attack charges. Consequence: potential to redefine scope of exec accountability.

Sports Rorts Scandal (2020, Aus)

Responsible gov; IMR. Minister Bridget McKenzie resigned after conflict of interest in grant allocations. Consequence: rare modern enforcement of IMR through political pressure.

Roach v Electoral Commissioner (2007, HC Aus)

Representative gov; rights. HC struck down blanket prisoner voting ban. Consequence: upheld constitutional protection of voting rights.

Rowe v Electoral Commissioner (2010, HC Aus)

Representative gov; rights. HC invalidated early closure of electoral rolls. Consequence: expanded enrolment opportunities, strengthened participation.

WorkChoices Case (2006, HC Aus)

Federalism; separation of powers. HC upheld use of s51(xx) corporations power for IR laws. Consequence: weakened state powers, centralised industrial relations under Cth.

Morrison Secret Ministries Scandal (2020, Aus)

Responsible gov; conventions; transparency. PM secretly appointed to multiple portfolios without informing Parliament or public. Consequence: breach of accountability conventions, undermined trust.

Roach v Electoral Commissioner (2007, HC Aus)

Representative gov; rights. HC struck down blanket ban on prisoner voting as unconstitutional, upholding principle of representative democracy. Consequence: Parliament cannot disenfranchise without proportionate reason.

Australian Capital Television v Cth (1992, HC Aus)

Rep gov; freedoms. Recognised implied freedom of political communication from ss7 & 24. Consequence: limits Parliament’s power to restrict political advertising.

Medevac Bill (2019)

Responsible gov; executive constraint. Senate amended Migration Act to allow medical transfer of asylum seekers against gov’s wishes. Consequence: showed parliamentary check on executive.

Double Dissolution (2016)

Parl process; Senate gridlock. Triggered after repeated Senate rejection of industrial relations bills. Consequence: joint sitting passed bills, but also led to rise of independents/minor parties.

Fatima Payman – independence (2024)

Representation; delegate model. Broke from ALP caucus line, voting independently on Palestine issue. Consequence: highlighted tension between party discipline & representative responsibility.

WorkChoices Case (2006, HC Aus)

Federalism; division of powers. HC upheld use of s51(xx) (corporations power) to create federal IR laws overriding states. Consequence: greatly expanded Cth power.

WorkChoices Bill process (2005)

Legislative practice; accountability. Pushed through Parliament in two days using guillotine motion. Consequence: rushed process contributed to public backlash and 2007 electoral defeat.

Morrison Gov gag motions (2019–22)

Legislative practice; accountability. Gov used gag >350 times to cut debate. Consequence: weakened scrutiny, reinforced executive dominance.

Uniform Tax Cases (1942 & 1957, HC Aus)

Federalism; fiscal powers. HC upheld Cth takeover of income tax and tied grants. Consequence: entrenched VFI, states reliant on Cth funding.

Tasmanian Dam Case (1983, HC Aus)

Federalism; external affairs power. HC allowed Cth to stop Tas dam project using s51(xxix). Consequence: expanded Cth power, limited states’ rights.

Ha v NSW (1997, HC Aus)

Federalism; fiscal powers. HC ruled only Cth can levy excise duties. Consequence: further reduced state financial independence.

Williams v Cth (2012, HC Aus)

Federalism; exec limits. HC invalidated direct Cth funding for school chaplaincy program. Consequence: constrained executive, though Parliament later legislated to restore power.

Lange v ABC (1997, HC Aus)

Rep gov; freedoms. Reaffirmed implied freedom of political communication, tying it to s7 & s24. Consequence: established test balancing freedom & restrictions.

1975 Constitutional Crisis (Aus)

Responsible gov; conventions. Senate blocked supply, leading to Whitlam dismissal by Governor-General. Consequence: tested reserve powers, highlighted fragility of conventions.

Senate Estimates Committees

Parl accountability; scrutiny. Committees question ministers & officials line-by-line on expenditure. Consequence: enhances transparency & limits executive dominance.

My Health Record Bill (2015)

Parl scrutiny; Senate role. Senate review forced privacy amendments. Consequence: demonstrated Senate’s role improving legislation.

Religious Discrimination Bill (2021)

Parl scrutiny; Senate constraint. Senate amendments led gov to withdraw bill. Consequence: showed limits on exec dominance in contested issues.