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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: 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: Gregory Craven
Publisher: UNSW Press
ISBN: 9780868404394
Category : History
Languages : en
Pages : 256
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Book Description
Describes the bitter power struggles of the Australian constitution's forging, and paints the founding fathers as implausible heroes who managed a profound historical achievement. It talks about parliaments, courts, judges and ministers not just as colorless instruments of the Constitution, but as the walking wounded of political psychology; and it sheds light on today’s great constitutional controversies: Do we need a Bill of Rights? Can federalism work? How can parliament work better? Can we ever be a republic?
Author: Professor Jenny Hocking
Publisher:
ISBN: 9781922310248
Category :
Languages : en
Pages : 288
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Book Description
What role did the queen play in the governor-general Sir John Kerr's plans to dismiss prime minister Gough Whitlam in 1975, which unleashed one of the most divisive episodes in Australia's political history? And why weren't we told? Under the cover of being designated as private correspondence, the letters between the queen and the governor-general about the dismissal have been locked away for decades in the National Archives of Australia, and embargoed by the queen potentially forever. This ruse has furthered the fiction that the queen and the Palace had no warning of or role in Kerr's actions. In the face of this, Professor Jenny Hocking embarked on a four-year legal battle to force the Archives to release the letters. In 2015, she mounted a crowd-funded campaign, securing a stellar pro bono team that took her case all the way to the High Court of Australia. Now, drawing on never-before-published material from Kerr's archives and her submissions to the court, Hocking traces the collusion and deception behind the dismissal, and charts the private role of High Court judges, the queen's private secretary, and the leader of the opposition, Malcolm Fraser, in Kerr's actions, and the prior knowledge of the queen and Prince Charles. Hocking also reveals the obstruction, intrigue, and duplicity she faced, raising disturbing questions about the role of the National Archives in preventing access to its own historical material and in enforcing royal secrecy over its documents.
Author: Anne Twomey
Publisher: Cambridge University Press
ISBN: 1107056780
Category : Law
Languages : en
Pages : 913
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Book Description
The extension to other Realms of the reserve power to refuse a dissolution
Author: Dennis Altman
Publisher:
ISBN: 9781922310569
Category :
Languages : en
Pages : 160
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Book Description
An avowed republican investigates the unexpected durability and potential benefits of constitutional monarchies. When he was deposed in Egypt in 1952, King Farouk predicted that there would be five monarchs left at the end of the century: the kings of hearts, diamonds, clubs, spades, and of England. To date, his prediction has proved wrong, and while the twentieth century saw the collapse of monarchies across Europe, many democratic societies have remained monarchies. God Save the Queenis the first book to look at constitutional monarchies globally, and is particularly relevant given the pro-democracy movement in Thailand and recent scandals around the British and Spanish royal families. Is monarchy merely a feudal relic that should be abolished, or does the division between ceremonial and actual power act as a brake on authoritarian politicians? And what is the role of monarchy in the independent countries of the Commonwealth that have retained the Queen as head of state? This book suggests that monarchy deserves neither the adulation of the right nor the dismissal of the left. In an era of autocratic populism, does constitutional monarchy provide some safeguards against the megalomania of political leaders? Is a President Boris potentially more dangerous than a Prime Minister Boris?
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: Cheryl Saunders
Publisher: Bloomsbury Publishing
ISBN: 1847317405
Category : Law
Languages : en
Pages : 185
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Book Description
Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)
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 H. Russell (eds)
Publisher: University of Virginia Press
ISBN: 9780813920160
Category : Law
Languages : en
Pages : 340
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Book Description
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
Author: Christopher Hubbard
Publisher: Routledge
ISBN: 1351162829
Category : Political Science
Languages : en
Pages : 298
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Book Description
Australia and the United States have found themselves fighting common enemies on the battlefields of the world for over half a century. Australian ground forces have repeatedly stood shoulder-to-shoulder with American troops in conflicts from Korea and Vietnam to Afghanistan - and now in the 2003 Iraq war. This study looks closely at the key factors which, for over fifty years, have shaped, interpreted and applied the aims and aspirations of this mutual defence agreement to the real world of shifting threats, changing strategic balances and the democratic uncertainties of domestic politics. A departure from the current literature, the ANZUS alliance, now updated to take account of the new post 11 September 2001 realities, is presented as an accessible and concise survey of this often neglected but increasingly important trans-Pacific link between the American giant and its durable Australian ally. Suitable as supplementary reading at the 3rd year undergraduate and postgraduate levels of courses studying international relations generally, but also useful for those engaged with elements of global and regional security, and strategic defence analysis.
