Publications by Paul Kildea | Law

Publications by Paul Kildea

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Edited books

Paul Kildea, Andrew Lynch and George Williams (eds), Tomorrow's Federation (Federation Press, 2012).

Book chapters

'Practitioners' Opinions on Barriers to Reforming the Federal System' in Mark Bruerton, Tracey Arklay, Robyn Hollander and Ron Levy (eds), A People's Federation (Federation Press, 2017) 215-229 (with M Bruerton; forthcoming).

‘The Mason Court’ in R Dixon & G Williams (eds), The High Court, the Constitution and Australian Politics (Cambridge University Press, 2015) 244-260 (with G Williams).

'Making Room for Democracy in Intergovernmental Relations' in Paul Kildea, Andrew Lynch and George Williams (eds), Tomorrow's Federation (Federation Press, 2012) 73-91.

Refereed journal articles

'The Constitutional and Regulatory Dimensions of Plebiscites in Australia' (2016) 27 Public Law Review 290-310.

'Achieving Fairness in the Allocation of Public Funding in Referendum Campaigns’ (2016) 37(1) Adelaide Law Review 13-40.

‘The Challenge of Informed Voting at Constitutional Referendums’ (2016) 39(1) University of New South Wales Law Journal 368-400 (with R Smith).

‘The Referendum That Wasn’t: Constitutional Recognition of Local Government and the Australian Federal Reform Dilemma’ (2016) 44(1) Federal Law Review 143-166 (with AJ Brown).

‘Expert Panels, Public Engagement and Constitutional Reform’ (2014) 25 Public Law Review 33-47.

'A Little More Conversation?: Assessing the Capacity of Citizens to Deliberate About Constitutional Reform in Australia' (2013) 22(2) Griffith Law Review 291-314.

‘Worth Talking About?: Modest Constitutional Amendment and Citizen Deliberation in Australia’ (2013) 12(4) Election Law Journal 524-39.

'The Constitution and Commonwealth Proposals for New Media Regulation' (2013) 18 Media & Arts Law Rev 2-16 (with George Williams).

'Towards Youth Engagement in the Referendum on Indigenous Recognition' (2012) 37(3) Alternative Law Journal 161-65.

'Achieving Citizen Engagement in the Referendum on Indigenous Recognition' (2011) 7(25) Indigenous Law Bulletin 27-30.

'Entrenching "Cooperative Federalism": Is it Time to Formalise COAG's Place in the Australian Federation?' (2011) 39 Federal Law Review 103-29 (with Andrew Lynch).

'The Water Act and the Murray-Darling Basin Plan' (2011) 22 Public Law Review 9-14 (with George Williams).

'The Constitution and the Management of Water in Australia's Rivers' (2010) 32 Sydney Law Review 595-616 (with George Williams).

'Reworking Australia's Referendum Machinery' (2010) 35(1) Alternative Law Journal 22-26 (with George Williams).

‘High Court Review 2006: Australian Federalism – Implications of the WorkChoices Decision’ (2007) 42(4)  Australian Journal of Political Science 649-664 (with Katharine Gelber).

‘The Bill of Rights Debate in Australian Political Culture’ (2003) 9(1) Australian Journal of Human Rights 65-118.

Reports

The Challenge of Informed Voting in the 21st Century, A Research Report Commissioned by the Electoral Regulation Research Network (2015) 1-78 (with R Smith, A Gauja and M Keenan).

Other articles

'Book Review: The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives, edited by Gabrielle Appleby, Nicholas Aroney and Thomas John, Cambridge University Press, 2012' (2013) 51 Commonwealth & Comparative Politics 402-404.

'Balancing Symbolism and Function in Constitutional Preambles: A Reply to Twomey' (2011) 15(2) Australian Indigenous Law Reporter 23-5.

'Australia's Dysfunctional Federation' (2011) Government: Business, Foreign Affairs and Trade (May; with George Williams).

Refereed conference papers

'Federalism at the Sub-constitutional Level: The Case of the Council of Australian Governments', VIIIth World Congress of the International Association of Constitutional Law Mexico, 6-10 December 2010 (with Andrew Lynch).

'Entrenching "Cooperative Federalism": Is it Time to Formalise COAG's Place in the Australian Federation?', Conference of the Australian Political Studies Association, University of Melbourne, Melbourne, 28 September 2010 (with Andrew Lynch).

‘Australian Federalism and a National Human Rights Act – Implications and Challenges’, Conference of the  Australian Political Studies Association, Macquarie University, Sydney, 28-30 September (with Andrew Lynch and Edward Santow).

‘Citizen attitudes to public engagement in constitutional reform’, Conference of the Australian Political Studies Association, Macquarie University, Sydney, 28-30 September.

Other conference and seminar papers

‘What to Make of a History of Repeated Referendum Failure’, Constitutional Law Conference, Gilbert + Tobin Centre of Public Law, Sydney, 17 February.

‘Improving Referendum Regulation’, The Regulation of the EU Referendum seminar, UCL Constitution Unit, London, 25 October.

‘The Use and Abuse of Direct Democracy: Australia’s Plebiscite on Same-Sex Marriage’, Political Studies Association of Ireland Annual Conference, Belfast, 9 October 2016.

‘Australia’s Plebiscite on Same-Sex Marriage: Unchartered Territory in the Use and Regulation of Direct Democracy’, Constitutional Law Discussion Group, Edinburgh Law School, University of Edinburgh, 27 September 2016.

'Practitioners' Opinions on Barriers to Federalism Reform', Sir Samuel Griffith Conference: A People's Federation for the 21st Century, Griffith University, Brisbane, 17 June 2016 (with M Bruerton).

'Intergovernmental Relations and Health Policy', The Politics of Australian Health Policy Workshop, UNSW, Sydney, 12 May 2016 (with A Lynch).

‘The Challenge of Informed Voting at Constitutional Referendums’, Public Law Weekend, ANU, Canberra, 2 October 2015.

‘Intergovernmental Relations and Accountability: A Policymaker Perspective’, Conference of the Australian Political Studies Association, University of Canberra, Canberra, 29 September 2015 (with M Bruerton).

'Elite-led Constitutional Reform in Australia, the UK and Ireland', Conference of the Australian Political Studies Association, University of Sydney, Sydney, 29 September 2014.

‘Constitutional Reform Without a Convention: Reflections on Recent Experience in the UK, Ireland and Australia’, Public Law Conference, University of Cambridge, UK, 15 September 2014.

‘The Mason Court’, The High Court, the Constitution and Australian Politics Workshop, University of New South Wales, Sydney, 7-8 November 2013 (with G Williams). 

‘The Referendum Was Coming: Lessons from the Local Government Referendum that Wasn’t', 3rd Biennial Electoral Regulation Workshop, University of Queensland, Brisbane, 31 October – 1 November 2013.

‘Australian Intergovernmental relations: Ripe for Reform?’, Gender and Intergovernmental relations: Australian and international Perspectives, University of New South Wales, Sydney, 16-17 May 2013 (with A Lynch).

'Modest Constitutional Amendment and Citizen Deliberation in Australia', Law of Deliberative Democracy Symposium, King's College, London, UK, 9 April 2013.

'Ideas for Engaging Citizens in Constitutional Referendums', Electoral Regulation Research Network (ERRN) Forum, NSW Parliament House, Sydney, 18 October 2012.

'Expert Panels, Citizen Engagement and Constitutional Reform', Faculty of Law Seminar Series, UNSW, 16 October 2012.

'Expert Panels as a Mechanism of Constitutional Reform', Conference of the Australian Study of Parliament Group (ASPG), Darwin, 4 October 2012.

'Expert Panels, Citizen Engagement and Constitutional Reform', Conference of the Australian Political Studies Association (APSA), Hobart, 24 September 2012.

'Expert Panels as a Mechanism of Constitutional Reform', Public Law Weekend, ANU, Canberra, 22 September 2012.

'The Referendum on Indigenous Recognition: Options for Reform and Strategies for Citizen Engagement', NGO Forum on Indigenous Recognition, Australian Human Rights Centre, Sydney, 25 August 2011.

'COAG, the Constitution and State Accountability', 3rd Annual Intergovernmental Relations Conference, National Convention Centre, Canberra, 17 August 2011.

'The 2013 Referendum on Indigenous Recognition: The Process Ahead', Quarterlies Conference of Community Legal Centres NSW, Marque Hotel, Sydney, 16 May 2011.

'Making Room for Democracy: Towards Greater Transparency, Accountability and Participation in Intergovernmental Relations', Federalism Research Roundtable, Faculty of Law, UNSW, Sydney, 24-25 March 2011.

'Five Strategies for Achieving Popular Ownership of the Referendum on Indigenous Recognition', Indigenous Law Centre Open Forum, Faculty of Law, UNSW, Sydney, 17 March 2011.

'Constitutional Politics: The Austrailan Experience with Referendums', Continuing Legal Education Seminar, NSW Young Lawyers, Sydney, 24 August 2010.

'The Future of the Council of Australian Governments', Annual Conference of the Institute of Public Administration Australia (NSW), Sydney Convention Centre, Sydney, 22 July 2010.

'Approaches to Focus Group and Interview-Based Research', Postgraduate Conference in Public Law, Gilbert + Tobin Centre of Public Law, UNSW, 13 July 2010.

'The Constitution and the Management of Water in Australia's Rivers', Supreme and Federal Courts Judges' Conference, Hyatt, Canberra, 25 January 2010 (with George Williams).

'Citizen attitudes to public engagement in constitutional reform', Faculty of Law, University of New South Wales, 20 August 2009.

'Citizen engagement in the process of constitutional reform: Theory and practice', Emerging Scholars Workshop on Democracy, Institute for Social Research, Swinburne University, Melbourne, 13-14 February 2009.

‘A great big verandah: public engagement with constitutional reform in Australia', British Australian Studies Association Conference, Royal Holloway University, United Kingdom, 2-5 September 2008.

'Public engagement with constitutional reform: a review of the 1998 Constitutional Convention', Australian Political Science Association Conference, University of Queensland, Brisbane, 7-9 July 2008.

'Civic republicanism and Australian constitutional debate', School of Social Sciences and International Studies, UNSW, 25 October 2007.

Submissions

Submission to Senate Legal and Constitutional Affairs Committee, Inquiry into the matter of a popular vote, in the form of a plebiscite or referendum, on the matter of marriage in Australia, September 2015 (with R Dixon and A Lynch).

Submission to Joint Select Committee on Electoral Matters, Inquiry into Electoral Education, July 2015 (with R Smith, A Gauja and M Keenan).

Submission to the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Inquiry into Progress Towards Constitutional Recognition, December 2014.

Submission to the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, Inquiry into Aboriginal and Torres Strait Islander Peoples Recognition Bill 2012, December 2012 (with Sean Brennan, Andrew Lynch and George Williams).

Submission to the Joint Select Committee on the Constitutional Recognition of Local Government, Inquiry into Constitutional Recognition of Local Government, December 2012 (with Shipra Chordia, Andrew Lynch, Nicola McGarrity and George Williams).

Submission to the Independent Media Inquiry, November 2011 (with Daniel Joyce and George Williams).

Submission to the Expert panel on Constitutional Recognition of Local Government, November 2011 (with Andrew Lynch, Nicola McGarrity and George Williams).

Submission to the Expert Panel on Constitutional Recognition of Indigenous Australians, September 2011.

Submission to the Joint Committee of Public Accounts and Audit, Inquiry into National Funding Agreements, April 2011 (with Andrew Lynch and Robert Woods).

Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the Provisions of the Water Act 2007, March 2011 (with George Williams).

Submission to the House Standing Committee on Regional Australia, Inquiry into the Impact of the Murray-Darling Basin Plan in Regional Australia, January 2011 (with George Williams).

Submission to the Senate Standing Committee on Rural Affairs and Transport, Inquiry into the Management of the Murray-Darling Basin, January 2011 (with George Williams).

Submission to the House of Lords Constitution Committee Inquiry into Fixed-Term Parliaments, United Kingdom, September 2010 (with Andrew Lynch and George Williams).

Submission to the Senate Select Committee on Reform of the Australian Federation, August 2010 (with Andrew Lynch and George Williams).

Submission to the Senate Standing Committee on Environment, Communication and the Arts, Inquiry into the Water (Crisis Powers and Floodwater Diversion) Bill 2010, June 2010 (with Andrew Lynch and George Williams).

Equality and Human Rights Commission (UK), Inquiry into Developing a Bill of Rights for the United Kingdom, December 2009.

Submission to the House Standing Committee on Legal and Constitutional Affairs, Inquiry into Machinery of Referendums, October 2009 (with George Williams)

Submission to the National Human Rights Consultation Committee, on Federalism and Human Rights Protection, June 2009 (with Andrew Lynch)

Media

'Using the ABS to conduct a same-sex marriage poll is legally shaky and lacks legitimacy', The Conversation, 10 August 2017.

‘Referendums, informed voting and the trouble with a “truth commission”’, Democratic Audit UK, 28 November 2016.

'Improving the conduct of referendums: There are better options than a "truth commission"' The Constitution Unit Blog, 15 November 2016.

‘With a vote delayed, where does this leave constitutional recognition of Indigenous Australians?’ The Conversation, 10 August 2016.

'Treaty debate will only strengthen recognition process' The Conversation, 23 June 2016.

‘Setting the ground rules for the same-sex marriage plebiscite’ AUSPUBLAW, 27 April 2016.

'Turnbull's plan to fix the federation is bold - but can he deliver?' The Conversation, 31 March 2016.

'Same-sex marriage: Don’t let the people decide’ UK Constitutional Law Blog, 6 October 2015.

‘Confidence must be rebuilt after PM shoots down Indigenous leaders' plan’ The Conversation, 7 August 2015

‘Leadership is key to breaking the impasse on constitutional recognition’ The Conversation, 26 June 2015.

'A People's Convention can make Indigenous Recognition a Reality' The Conversation, 11 December 2014.

'Constitutional recognition is alive, but it's still no barbecue stopper' The Conversation, 22 July 2014.

'Australia’s Abandoned Local Government Referendum’ UK Constitutional Law Blog, 14 November 2013.

'The Referendum is Coming: But are we Ready?' Inside Story, 26 June 2013 (with Jackie Hartley).

'Reforming Australia's Federation: The People Lead the Way' UK Constitutional Law Blog, 29 November 2012.

'Time for a Referendum Roadmap' Inside Story, 9 November 2012.

'Constitution could bite news watchdog' Daily Telegraph, 16 March 2012.

‘Recognising need for change’ Canberra Times, 11 February 2012.

‘More than mere symbolism’ Australian Financial Review, 10 February 2012.

‘Recognising Aboriginal and Torres Strait Islander peoples: the “what” and “how”’ Inside Story, 2 February 2012.

‘We Need to Talk About COAG’ Inside Story, 19 January 2012.

'COAG: How to turn a "parking lot for tough decisions" into something really useful', The Conversation, 24 March 2011 (with George Williams).

'Referendum Education Must Start Without Delay' Austrailan Financial Review, 12 November 2010.

'Healthy Cooperation' The Drum (ABC), 14 April 2010 (with Andrew Lynch).

'Abbott's Populist Federalism Pitch No Silver Bullet' Crikey, 22 January 2010.

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