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Author: Ian Killey
Publisher: Rowman & Littlefield
ISBN: 1666908878
Category : Law
Languages : en
Pages : 247
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Book Description
Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.
Author: Ian Killey
Publisher: Rowman & Littlefield
ISBN: 1666908878
Category : Law
Languages : en
Pages : 247
Get Book Here
Book Description
Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.
Author: Nicholas Aroney
Publisher: Cambridge University Press
ISBN: 0521759188
Category : Law
Languages : en
Pages : 697
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Book Description
This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
Author: David Long
Publisher: Rowman & Littlefield
ISBN: 179364196X
Category : Law
Languages : en
Pages : 315
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Book Description
David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General’s 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defence of the Founders original understanding as the object of constitutional construction.
Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 1316276783
Category : Law
Languages : en
Pages : 369
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Book Description
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
Author: Graham Maddox
Publisher: Melbourne Univ. Publishing
ISBN: 0522870309
Category : Political Science
Languages : en
Pages : 305
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Book Description
Americans call themselves a democracy, but they are not. America has redefined democracy to make it conform to the capitalist economy and rule by wealth elites. When American leaders say they wish to make the world safe for democracy, they really mean that they want the world, including Australia, to subsume itself into this US project. Any process resulting in Australia absorbing more of the United States' corporatist political culture will result in the serious erosion of our own democratic ideals. Australia should resist this, especially at a time when such corporatist politics is losing its legitimation. We are better served by our own robust system of democracy.
Author: L. J. Mark Cooray
Publisher: Littleton, Col. : Rothman
ISBN:
Category : Law
Languages : en
Pages : 264
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Book Description
Author: Peter H. Russell
Publisher: University of Toronto Press
ISBN: 1442603682
Category : Political Science
Languages : en
Pages : 529
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Book Description
Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.
Author: Brendan Lim
Publisher: Cambridge University Press
ISBN: 1108132693
Category : Law
Languages : en
Pages : 303
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Book Description
Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.
Author: Peter Crawford Oliver
Publisher: Oxford : Oxford University Press
ISBN:
Category : History
Languages : en
Pages : 400
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Book Description
The Constitution of Independence traces constitutional theory in Australia, Canada, and New Zealand from early domination by British Imperial ideas, through contemplation of constitutional equality, to the eventual achievement of irreversible constitutional independence in the 1980s. In these countries, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas.
Author: Roger Bourke
Publisher: Univ. of Queensland Press
ISBN: 9780702235641
Category : Biography & Autobiography
Languages : en
Pages : 234
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Book Description
Between December 1941 and May 1942, the Japanese army took more than 130,000 allied prisoners of war, more than a quarter did not survive their imprisonment. Here, Bourke analyses the major novels and films of the prisoners-of-war experience under the Japanese and uncovers the extent to which these fictions have influenced our beliefs.
