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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: 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: 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: Cheryl Saunders
Publisher: Oxford University Press
ISBN: 0198738439
Category : Law
Languages : en
Pages : 1201
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Book Description
Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
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: Peta Stephenson
Publisher: Bloomsbury Publishing
ISBN: 1509942343
Category : Law
Languages : en
Pages : 201
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Book Description
The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.
Author: Cheryl Saunders
Publisher: Oxford University Press
ISBN: 0191058319
Category : Law
Languages : en
Pages : 1198
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Book Description
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Author: Shireen Morris
Publisher: Bloomsbury Publishing
ISBN: 1509928944
Category : Law
Languages : en
Pages : 339
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Book Description
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 1509918418
Category : Law
Languages : en
Pages : 592
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Book Description
Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
Author: Benjamin B Saunders
Publisher: Bloomsbury Publishing
ISBN: 150995581X
Category : Law
Languages : en
Pages : 271
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Book Description
This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.
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.
