Liability of the Crown in Australia, New Zealand and the United Kingdom

Liability of the Crown in Australia, New Zealand and the United Kingdom PDF Author: Peter W. Hogg
Publisher: Melbourne : Law Book Company
ISBN:
Category : Law
Languages : en
Pages : 296

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Liability of the Crown in Australia, New Zealand and the United Kingdom

Liability of the Crown in Australia, New Zealand and the United Kingdom PDF Author: Peter W. Hogg
Publisher: Melbourne : Law Book Company
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description


The Queen's Other Realms

The Queen's Other Realms PDF Author: Peter John Boyce
Publisher: Federation Press
ISBN: 9781862877009
Category : History
Languages : en
Pages : 316

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Book Description
Canada, Australia and New Zealand inherited and adapted a monarchical framework of government, even in the absence of a resident monarch. Although steady transfer of the royal prerogative to a popularly elected executive has enabled these three former dominions to be sometimes described as "crowned republics" or "disguised republics", there was no popular drive to abandon monarchy until the 1990s, and even then the republican cause was based largely on issues of symbolism and national identity than on perceived core weaknesses in the political system. This book traces the long and sometimes subtle process of localising monarchy in the vice-regal office from the mid-twentieth century onwards, and compares the powers and functions of the Queen's surrogates with each other and with those of the monarch herself, including their recourse to the so-called "reserve powers". Among the key questions posed in this comparative study are: Can the current monarchical system be refined to the point of countering republican sentiment? Why has the republican argument gained more momentum in Australia than in Canada or New Zealand? Can a republican model retain residual monarchic elements? What is likely to be the lasting legacy of the Crown in these three strikingly similar political cultures? The author's underlying loyalties are neither firmly monarchist nor firmly republican. He is convinced, however, that the combined effects of a strong sense of national identity and an increasingly presidential style of political leadership within these three Westminster-derived systems make it difficult for contemporary governors-general (or their state and provincial colleagues)to fulfil two of their key roles-to unite and inspire the people on the one hand and to be a credible constitutional watchdog on the other.

Before the Crown

Before the Crown PDF Author: Flora Harding
Publisher: HarperCollins UK
ISBN: 0008387532
Category : Fiction
Languages : en
Pages : 400

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Book Description
Before the crown there was a love story...

The Crown in Australia

The Crown in Australia PDF Author: Sally Raudon
Publisher:
ISBN:
Category : Australians
Languages : en
Pages : 368

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Book Description
The Crown is the foundation of Australia’s constitutional order, and its representations are common throughout society, yet it is also curiously unrecognised and taken for granted. Even within the elite community of Australians whose work brings them into direct contact with the Crown – who are responsible for curating or representing it, or enacting its agency – many argue that it is insignificant, ‘merely symbolic’, or ornamental to actual political power. Its efficacy is minimised, and its presence unremarked. Over the past twenty years, however, the Crown has become embroiled in Australia’s vigorous, sometimes bitter, debate over constitutional reform, even while it evades direct interrogation. Based on multi-sited fieldwork in Australia, including interviews and participant observation, I set out to explore how Australians view the Crown and its constitutional role. I found that people typically think of it in terms of the Queen, rather than the offices of government or state. This leads me to ask: How is the Crown represented in Australia? Is it a unifying entity? To what extent has the Crown been indigenised, and in what ways does it still signal colonialism? How does the Crown interact with other symbols of national identity and conflict? If the Crown is a façade, what does it conceal? How is it used by actors in the constitutional reform debate? With that deliberation already well advanced, will the inevitable death of the popular Queen mean a constitutional reordering in Australia? To analyse the Crown’s diverse meanings I draw on theories of symbolism, power and ritual. Using Kantorowicz’s thesis of the king’s two bodies, I also draw out the significance of the distinction between the Crown as a person (Elizabeth Windsor) and the Crown as a set of institutions, or body politic (the Crown in right of the Commonwealth of Australia). The figures of the Crown-as-person and the Crown-as-office come together and pull apart in different situations and contexts in Australian life. I argue that, while the office of the Crown is concerned with relatively narrow legal issues around land, it remains primarily associated with Queen Elizabeth II and the British monarchy rather than with its institutional meanings. This places a delicate constitutional equilibrium at risk. I make my case by examining how the Crown conflates notions of symbolism, affect, mystique, charisma, kinship, and transcendence with issues of political power, authority, legitimacy, sovereignty, and nationalism. These political abstractions, like constitutional monarchy itself, must be symbolised so that people can imagine, and be moved to love – or hate – them. Keywords: Political symbol, Crown, Australia, constitutional reform, elites, constitutional monarchy, royalty, charisma, king’s two bodies, political anthropology, ethnography.

The Crown

The Crown PDF Author: Martin Hinton
Publisher:
ISBN: 9781925261790
Category :
Languages : en
Pages : 394

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Book Description
The notion of the Crown within the Australian Constitution is a value-laden abstraction that is capable of appreciation only in its relation to the notion of the people. The Crown defies legal definition, and its contours have never previously been mapped. Lawyers finding themselves in the service of the Crown, or providing counsel to the Crown, must learn to become comfortable with both the ambiguity inherent in the notion of the Crown and the sense of stability and purpose that the Crown provides. Implying a set of 'core values' which Bradley Selway QC, at the time Solicitor-General for South Australia, once summarised as encompassing 'selflessness, integrity, objectivity, honest and legality', the Crown remains a fascinating, and at times frustrating, subject matter of which there is still much to explore. This collection will do much to enhance our appreciation of it.

The Crown and Australia

The Crown and Australia PDF Author: Don Markwell
Publisher:
ISBN: 9780902499669
Category : Australia
Languages : en
Pages : 26

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Book Description


The Chameleon Crown

The Chameleon Crown PDF Author: Anne Twomey
Publisher: Federation Press
ISBN: 9781862876293
Category : History
Languages : en
Pages : 328

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Book Description
Using previously secret government documents, The Chameleon Crown re-writes the history of Australia's relationship with the United Kingdom and the Crown. It makes clear that the Australian States remained colonial dependencies of the British Crown until 1986 when the Australia Act was passed. It was the 'Queen of the United Kingdom', not the 'Queen of Australia' who reigned over them. For many decades historians, lawyers and politicians believed that the British Government's role in advising the Queen on State matters was simply a formality and that the British merely provided the 'channel of communication' for State advice. This book reveals for the first time the true extent of the independent role played by the British Government in State affairs as well as the significant role of the Queen. The Chameleon Crown takes the reader behind the scenes into the confidential negotiations between the States, the Commonwealth, the British Government and Buckingham Palace on the termination of the colonial links between the States and the United Kingdom. This was a battle of high politics, played by the likes of Whitlam, Murphy, Bjelke-Petersen, Wran, Fraser, Hawke, in which the sovereignty of the States was at stake. It is essential reading for those interested in Australian politics, history and the monarchy. A NSW Sesquicentenary of Responsible Government publication.

The Shapeshifting Crown

The Shapeshifting Crown PDF Author: Cris Shore
Publisher: Cambridge University Press
ISBN: 1108496466
Category : History
Languages : en
Pages : 289

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Book Description
The Crown is the bedrock of Westminster-style democracies, yet its meanings, powers and effects are opaque and little understood.

Crown and Sword

Crown and Sword PDF Author: Cameron Moore
Publisher: ANU Press
ISBN: 1760461563
Category : Law
Languages : en
Pages : 385

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Book Description
The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.

The Shapeshifting Crown

The Shapeshifting Crown PDF Author: Cris Shore
Publisher: Cambridge University Press
ISBN: 1108755321
Category : Law
Languages : en
Pages : 289

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Book Description
The Crown stands at the heart of the New Zealand, British, Australian and Canadian constitutions as the ultimate source of legal authority and embodiment of state power. A familiar icon of the Westminster model of government, it is also an enigma. Even constitutional experts struggle to define its attributes and boundaries: who or what is the Crown and how is it embodied? Is it the Queen, the state, the government, a corporation sole or aggregate, a relic of feudal England, a metaphor, or a mask for the operation of executive power? How are its powers exercised? How have the Crowns of different Commonwealth countries developed? The Shapeshifting Crown combines legal and anthropological perspectives to provide novel insights into the Crown's changing nature and its multiple, ambiguous and contradictory meanings. It sheds new light onto the development of the state in postcolonial societies and constitutional monarchy as a cultural system.