To be published in Summer 2021.
'An Australian Fourteenth Amendment: Rights, Citizenship & Constitutional Change'
Cameron JC Shamsabad
During the Federal Conventions of the 1890’s a proposal was considered to include the first section of the Fourteenth amendment to the United States Constitution. The proposed ‘Tasmanian Amendment’ would have had a profound and lasting impact on the Commonwealth. This article endeavours to set out the legal history relevant to this provision, and the reasons for it being defeated at the Australian Federation conventions. Following from this, the article offers a comparative analysis of American and Australian jurisprudence on several of the provision’s important aspects, to characterise the results caused by such an omission on the latter’s protection of fundamental rights. The article concludes that the historical defeat of the amendment in Australia should not restrain future consideration, and that the proposal if revitalized would be a suitable starting point for constitutional rights protection reform.
‘The Ninth Amendment and Conceived Children: Legal Theory and Civil Action'’
This article proposes that the People have an unenumerated right to legally define themselves under the Ninth Amendment. Part I lays the legal foundation for this right. Part II discusses legal, peaceful civil actions by which people may exercise their Ninth Amendment rights based upon Supreme Court precedents.