Products – The Centre for Independent Studies

The High Court, Democracy and Same Sex Marriage

Barry Maley
19 July 2016 | OP147
The High Court, Democracy and Same Sex Marriage

The High Court in 2013 overturned the understanding of marriage in the Marriage Act 1961 as an exclusive, voluntary, heterosexual union for life, and that the Constitution therefore allowed the introduction of same sex marriage if the Parliament so decided. It is argued that the High Court’s decision was incorrect. In effect, the Constitution has been altered in a faulty and undemocratic way, and this should be remedied by holding a national referendum. A plebiscite to test public opinion, promised by the Coalition parties, does not allow the people of Australia to have a determining say on the matter, and only a referendum can achieve that and the publication so recommends.

Latest Publications

Reflections on the EU Project and its Flaws: A fatal conceit about markets and the real world
Richard Alston
09 September 2021 | OP185

The European Union shows all the signs of worsening economic, social and political decline — from tepid economic growth and chronically high unemployment to social unrest and rising political extremism. This paper reflects on the idealistic roots of early European integration in the wake of two world wars, before exploring how these worthy intentions have long given way to a…

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The Threat of Identity Politics
Simon Heffer
01 September 2021 | OP184

Global outrage over the killing of George Floyd by a white policeman in America last year has been harnessed by activist groups such as Black Lives Matter to support demands for social and political upheaval that go way beyond making racial equality a reality. This has led to the weaponisation of identity politics across much of the Western world, causing…

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The Psychology of Populism: Tribal Challenges to Liberal Democracy
Joseph P. Forgas
19 August 2021 | OP183

The resurgence of both left-wing and right-wing populism presents a serious challenge for liberal democracies. Whereas liberal democracy is based on the Enlightenment principles of individualism, tolerance and freedom, populism is a fundamentally collectivist, anti-individualist and anti-Enlightenment tribal ideology. This paper goes beyond economic and other explanations for the resurgence of populism to provide a much fuller psychological account —…

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Scaling up success in majority Indigenous schools
Noel Pearson
08 July 2021 | OP182

Addressing the Centre for Independent Studies, Noel Pearson outlines his insights and observations from decades of experience supporting education in remote majority Indigenous communities. He outlines the 6C Education model — Childhood, Class, Club, Culture, Civics, Community — adopted at Good to Great Schools, the organisation he co-Chairs, and the critical role played by teacher-led, direct instruction. Noel argues that…

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Afghanistan on the brink of an abyss
William Maley
01 July 2021 | OP181

Australia’s recent closure of its embassy in Kabul, and the withdrawal of all US forces from Afghanistan after 20 years by 11 September 2021, casts a deep shadow over Afghanistan’s future prospects. In this paper, leading expert on Afghanistan, William Maley, examines the implications of the US withdrawal. He discusses how the ‘peace process’ that was supposed to flow from…

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