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The government is proposing the minister's decision would be subject to "judicial review" and says this presents "minimal" constitutional risk.
Twomey said limiting the automatic revocation to a small group of people who had gone offshore might have reduced the government's constitutional risk.
As it happens, there are several officially race-neutral factors that would raise no constitutional risk — and help many minority applicants.
Even the strongest supporters of the provision acknowledge that restrictions on how campaign money can be spent are inherently at greater constitutional risk than limits on contributions, which were upheld by the Supreme Court's 1976 decision in Buckley v. Valeo.
And we are confident, based on the legal advice we have had from a number of different sources over quite a period of time that we can craft effective legislation that minimises constitutional risk.
"The package is designed to be effective to capture those who seek to do harm to Australians, and at the same time minimise constitutional risk, the challenge in the high court," the immigration minister said.
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Britain lost its last AAA rating when Standard & Poor's downgraded it by two notches, citing economic, fiscal and constitutional risks following the referendum result.
However, such a vast delegation of powers does entail constitutional risks – especially as they are predicated on the fact a deal has passed through parliament.
Opposition parties have attacked Mr Passos Coelho's mention of "constitutional risks" to planned reform as bringing undue pressure to bear on the court.
The UK has been stripped of its last AAA rating as credit agency Standard & Poor's warned of the economic, fiscal and constitutional risks the country now faces as a result of the EU referendum result.
Writing for the majority, Judge J. Harvie Wilkinson explained that Rowan's prayer practice "both identifies the government with religion more strongly than ordinary invocations and heightens the constitutional risks posed by requests to participate and by sectarian prayers".
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