Elisa Arcioni

The University of Sydney - Faculty of Law

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

29

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Top 24,254

in Total Papers Downloads

4,452

TOTAL CITATIONS

5

Ideas:
“  Claims of belonging; constitutional membership and exclusion; working out who is amongst 'the people'  ”

Scholarly Papers (29)

1.

Membership of the Voice

(2023, March) Public Law Review
Number of pages: 7 Posted: 01 Feb 2023
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 367 (171,927)

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Voice to Parliament, Uluru Statement from the Heart, membership, constitutional law, referendum, definitions of identity, First Nations, representation, legislation

2.

The Voice in Relation to Constitutional and Administrative Law

(2023) 3 June Law Society Journal
Number of pages: 5 Posted: 12 Jun 2023
Elisa Arcioni and Andrew Edgar
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 358 (176,588)

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voice, constitutional recognition, First Nations, constitutional amendment, the people, executive power

3.

Constitutional Change in Australia: The Paradox of the Frozen Continent

"Routledge Handbook on Comparative Constitutional Change", edited by Alkmene Fotiadou and Xenophon Contiades (Forthcoming), Sydney Law School Research Paper No. 19/16, U of Melbourne Legal Studies Research Paper No. 831
Number of pages: 19 Posted: 04 Mar 2019 Last Revised: 23 Aug 2019
Elisa Arcioni and Adrienne Stone
The University of Sydney - Faculty of Law and University of Melbourne - Law School
Downloads 351 (180,502)

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Australian Constitution, Constitutional change, Constitutional amendment, Informal constitutional change

4.

Chetcuti v Commonwealth: Justice Nettle’s Last Words

'Chetcuti v Commonwealth: Justice Nettle J's last words' (2021) 32 Public Law Review 3
Number of pages: 6 Posted: 21 Apr 2021
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 247 (260,710)

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alien, membership and exclusion, the people, citizenship, allegiance, Australian Constitution, citizenship

5.

The Small Brown Bird: Values, Aspirations and the Australian Constitution’

International Journal of Constitutional Law, Vol. 14, No. 1, pp. 60-79, 2016, U of Melbourne Legal Studies Research Paper No. 724, Sydney Law School Research Paper No. 16/01
Number of pages: 19 Posted: 15 Dec 2015 Last Revised: 15 Jul 2020
Adrienne Stone and Elisa Arcioni
University of Melbourne - Law School and The University of Sydney - Faculty of Law
Downloads 240 (268,160)
Citation 2

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Constitutional Law; Australia

6.

Excluding Indigenous Australians from ‘The People’: A Reconsideration of Sections 25 and 127 of the Constitution

Federal Law Review, Vol. 40, No. 3, 2012, Sydney Law School Research Paper No. 12/67
Number of pages: 21 Posted: 12 Sep 2012 Last Revised: 04 Sep 2013
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 224 (286,713)

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indigenous Australians, constitutional identity, the people, Australian Constitution - ss 25 and 127, representative government

7.

That Vague But Powerful Abstraction: The Concept of ‘The People’ in the Constitution

Sydney Law School Research Paper No. 14/15
Number of pages: 11 Posted: 12 Feb 2014
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 216 (296,799)

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Australian Constitution, constitutional identity, the people, constitutional citizenship, constitutional community

8.

Constitutional Amendment and Change in Australia

FORMAL AND INFORMAL CONSTITUTIONAL AMENDMENT, M. Sellers ed (Forthcoming), Sydney Law School Research Paper No. 18/35
Number of pages: 14 Posted: 11 Jun 2018
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 213 (300,756)

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Constitutional change, Constitutional amendment, Informal constitutional change

9.

Chetcuti and Exclusion under the Australian Constitution – The Ongoing Story of Alien Status

2022) 33 Public Law Review 3
Number of pages: 6 Posted: 11 Jun 2022
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 203 (314,775)

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Australian Constitution, citizenship, alien

10.

'We, What People?' Constitutional Identity in Australia

This Century's Review, Vol. 2, 34-36, 2017, Sydney Law School Research Paper No. 18/17
Number of pages: 5 Posted: 13 Apr 2018
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 185 (342,868)

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constitutional identity, Australian Constitution, the constitutional people

11.

Section 53 of the Constitution: An Overlooked Reference to the Constitutional People

Australian Law Journal, Vol. 87, pp. 784-792, 2013, Sydney Law School Research Paper No. 13/87
Number of pages: 10 Posted: 27 Nov 2013 Last Revised: 05 Sep 2014
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 177 (356,760)

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The people, Australian constitution, s 53 Constitution, constitutional identity

12.

Australian Constitutional Identity – Complexity and Fluidity

Sydney Law School Research Paper No. 14/66
Number of pages: 19 Posted: 17 Jul 2014
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 170 (369,597)

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Constitutional identity, Australian constitution, the people, membership

13.

Indigeneity as a Basis for Constitutional Membership – Recent Developments in Australia

(2020 Juridikum)
Number of pages: 8 Posted: 18 Mar 2021
Elisa Arcioni and Rayner Thwaites
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 158 (393,667)

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indigeneity, australian constitutional, aboriginality, the people, membership, exclusion, citizen, citizenship, alien

14.

Aboriginal Identity and Status Under the Australian Constitution: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Montgomery

(2022) 44(1) Sydney Law Review 137
Number of pages: 15 Posted: 06 Jun 2022
Elisa Arcioni and Kirsty Gover
The University of Sydney - Faculty of Law and Melbourne Law School
Downloads 128 (466,490)

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Aboriginality, Australian Constitution, alien, constitutional status, citizenship

15.

Competing Visions of ‘The People’ in Australia: First Nations and the State

Comparative Constitutional Studies, forthcoming
Number of pages: 27 Posted: 20 Mar 2023
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 120 (490,540)

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constitutional identity, the people, First Nations, Australian Constitution, membership

16.

Cautious but Engaged -- An Empirical Study of the Australian High Court's Use of Foreign and International Materials in Constitutional Cases

International Journal of Legal Information, Vol. 42, No. 3, pp. 437-470, 2015, Sydney Law School Research Paper No. 15/65
Number of pages: 35 Posted: 03 Aug 2015 Last Revised: 04 Aug 2015
Elisa Arcioni and Andrew McLeod
The University of Sydney - Faculty of Law and Lady Margaret Hall, University of Oxford
Downloads 106 (538,043)

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foreign citations, foreign precedents, constitutional law

17.

The Core of the Australian Constitutional People - 'The People' as 'The Electors'

University of New South Wales Law Journal, Vol. 39, No. 1, pp. 421-449, 2016, Sydney Law School Research Paper No. 16/32
Number of pages: 30 Posted: 28 Apr 2016
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 93 (588,159)
Citation 3

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Constitutional identity, the people, the electors, Australian Constitution

18.

Constituting Citizenship - the Evolution of Australian Citizenship Law

in Sarat, A. (Ed.), 'Law and the Citizen (Studies in Law, Politics, and Society, Vol 84), Emerald Publishing Limited, pp 1-19
Number of pages: 35 Posted: 28 Sep 2020
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 91 (596,045)

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citizenship, subject status, membership, formal status, substantive membership, Australia

19.

Historical Facts and Constitutional Adjudication: The Case of the Australian Constitutional Preamble

Giornale di Storia Costituzionale (Journal of Constitutional History), Vol. 30, pp. 107-124, 2015, Sydney Law School Research Paper No. 16/13
Number of pages: 19 Posted: 11 Feb 2016
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 91 (596,045)

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Constitutional history, preamble, the people, Australian constitution, covering clauses, constitutional identity

20.

Montgomery – Lessons From Discontinued Litigation

Number of pages: 11 Posted: 14 Feb 2023
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 89 (604,159)

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Aboriginal Australians, Love/Thoms case, Montgomery, High Court, constitutional identity, the people, constitutional development

21.

The Voice to Parliament Proposal and ‘The People' of the Constitution

Alternative Law Journal (2021) https://doi.org/10.1177/1037969X211010827
Number of pages: 3 Posted: 27 Jul 2021
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 82 (634,507)

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Uluru Statement from the Heart, the Voice, the people, Australian Constitution, representative government, constitutional enshrinement

22.

Constructing Identity in Australian Constitutional Law

EXPLORATIONS IN LANGUAGE AND LAW 1/2014: LANGUAGE AND LAW IN ACADEMIC AND PROFESSIONAL SETTINGS: ANALYSES AND APPLICATIONS, V K Bhatia, G Garzone, R Salvi, G Tessuto, C Williams, eds., pp.135-147, 2014, Sydney Law School Research Paper No. 13/56
Number of pages: 16 Posted: 26 Aug 2013 Last Revised: 29 Sep 2014
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 78 (652,842)

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constitutional identity, Australian Constitution, the people

23.

Citizenship

The Oxford Handbook of the Australian Constitution, C. Saunders, A. Stone, eds, Oxford University Press, UK, 2018, Forthcoming, Sydney Law School Research Paper No. 17/84
Number of pages: 34 Posted: 12 Oct 2017
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 75 (667,145)

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citizenship, Australian citizenship, national identity, constitutional identity, British subjects

24.

Identity at the Edge of the Constitutional Community

ALLEGIANCE AND IDENTITY IN A GLOBALISED WORLD, F. Jenkins, M. Nolan and K. Rubenstein, eds., Cambridge University Press: United Kingdom, pp. 31-51, 2014, Sydney Law School Research Paper No. 15/11
Number of pages: 22 Posted: 28 Feb 2015 Last Revised: 02 Mar 2015
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 75 (667,145)

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Constitutional community, the people, territories, allegiance, identity, constitutional identity

25.

The 2023 Australian Referendum: a proposal for an Indigenous Voice to Parliament and Government

(2023) CERIDAP Journal - online
Number of pages: 9 Posted: 29 Nov 2023
Elisa Arcioni and Andrew Edgar
The University of Sydney - Faculty of Law and The University of Sydney - Faculty of Law
Downloads 65 (719,935)

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Voice, constitutional recognition, First Nations, constitutional amendment, the people, executive power

26.

The High Court and Constitutional Identity – the 2019/2020 term

Number of pages: 15 Posted: 18 Feb 2021
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 65 (719,935)

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Australian Constitution, constitutional identity, constitutional values, Love case, the people

27.

Between Constituent Power and Constituent Authority

Oxford Journal of Legal Studies, Vol. 42, No. 1 (2022) pp. 345–365 doi:10.1093/ojls/gqab030
Number of pages: 23 Posted: 14 Jun 2022
Elisa Arcioni and George Duke
The University of Sydney - Faculty of Law and Deakin University - School of Humanities and Social Sciences
Downloads 63 (731,498)

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Constituent Power, Constitutionalism, Popular Sovereignty.

28.

Tracing the Ethno-Cultural or Racial Identity of the Australian Constitutional People

Oxford University Commonwealth Law Journal Vol. 15, No. 2, 173-195, 2016, Sydney Law School Research Paper No. 18/16
Number of pages: 29 Posted: 10 Apr 2018
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 63 (731,498)

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constitutional identity, the constitutional people, Australian Constitution, race, racial identity

29.

The Peoples of the States under the Australian Constitution

Melbourne University Law Review, Vol. 45, No. 3, 2022
Number of pages: 42 Posted: 01 Sep 2022
Elisa Arcioni
The University of Sydney - Faculty of Law
Downloads 59 (755,645)

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peoples of the States, constitutional identity, people of the Commonwealth, Australian Constitution, federalism