McCawley and Trethowan - The Chaos of Politics and the Integrity of Law - Volume 1 PDF Download
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Author: Ian Loveland
Publisher: Bloomsbury Publishing
ISBN: 1509927131
Category : Law
Languages : en
Pages : 432
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Book Description
In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.
Author: Ian Loveland
Publisher: Bloomsbury Publishing
ISBN: 1509927131
Category : Law
Languages : en
Pages : 432
Get Book Here
Book Description
In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.
Author: Ian Loveland
Publisher: Bloomsbury Publishing
ISBN: 1509948295
Category : Law
Languages : en
Pages : 256
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Book Description
In the second part of this two-volume study, Ian Loveland delves deeply into the immediate historical and political context of the Trethowan litigation which began in New South Wales in 1930 and reached the Privy Council two years later. The litigation centred on the efforts of a conservatively-inclined government to prevent a future Labour administration led by the then radical politician Jack Lang abolishing the upper house of the State's legislature by entrenching the existence of the upper house through the legal device of requiring that its abolition be approved by a state-wide referendum. The book carefully examines the immediate political and legal routes of the entrenchment device fashioned by the State's Premier Sir Thomas Bavin and his former law student, colleague and then Dean of the Sydney University law school Sir John Peden, and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court and finally in the Privy Council in the multiple contexts of the personal and policy based disputes which pervaded both the State and national political arenas. In its final chapter, the book draws on insights provided by the detailed study of McCawley (in volume one) and Trethowan to revisit and re-evaluate the respective positions adopted by William Wade and Ivor Jennings as to the capacity of the United Kingdom's Parliament to introduce entrenching legislation which would be upheld by the courts.
Author: George Winterton
Publisher: Federation Press
ISBN: 9781862876071
Category : Law
Languages : en
Pages : 488
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Book Description
Fifteen landmark cases and controversies of parliamentary government in the Australian colonies and States are recounted in all their political and legal drama by some of Australias leading constitutional scholars. Topics covered include the amazing saga of Justice Boothby in the 1860s; Privy Council decisions establishing the plenary power of colonial legislatures; the dismissal of New South Wales (NSW) Premier Jack Lang in 1932; the resolution of deadlocks between State legislative Houses; the making of the Australia Acts 1986; debate on the separation of judicial power in the States; the survival of the NSW Legislative Council; the power to expel an MP in NSW; one-vote, one-value in Western Australia; affirmation of the rule of law in Western Australia; the Franca Arena saga in NSW; and the power to force ministers to produce documents in NSW.
Author: Se-shauna Wheatle
Publisher: Policy Press
ISBN: 1529220750
Category : Law
Languages : en
Pages : 272
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Book Description
Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: • Enriches students’ understanding of the dynamics that emerge within public law; • Highlights the impact of historical and societal inequities on public law norms; • Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.
Author: Ian Loveland
Publisher: Oxford University Press
ISBN: 0198860129
Category : Administrative law
Languages : en
Pages : 745
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Book Description
Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context.
Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 9781139450355
Category : Law
Languages : en
Pages : 476
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Book Description
Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.
Author: Alan Fenna
Publisher: Springer Nature
ISBN: 9819931819
Category : Law
Languages : en
Pages : 218
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Book Description
This book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.
Author: Anne Twomey
Publisher: Federation Press
ISBN: 9781862875166
Category : Law
Languages : en
Pages : 966
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Book Description
Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.
Author: Western Australia. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 622
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Book Description
Author: Luke Beck
Publisher: Cambridge University Press
ISBN: 1108758193
Category : Law
Languages : en
Pages : 658
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Book Description
Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book's explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.
