Author: Publisher:
ISBN:
Category : New South Wales
Languages : en
Pages : 1308
Book Description
Official Report of the National Australasian Convention Debates
Author: Official Report of the National Australasian Convention Debates: Official record of the debates of the Australasian Federal Convention, second session, Sydney, 2nd to 24th September, 1897
Author: Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 1138
Book Description
Australia’s American Constitution and the Dismissal
Author: David LongPublisher: Rowman & Littlefield
ISBN: 179364196X
Category : Law
Languages : en
Pages : 315
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.
... Official Record of the Debates ...
Author: Official Record of the Debates
Author: Australia. Constitutional ConventionPublisher:
ISBN:
Category : Australia
Languages : en
Pages : 1312
Book Description
The treaty-making power in the Commonwealth of Australia
Author: Günther DoekerPublisher: Springer
ISBN: 9401195609
Category : Law
Languages : en
Pages : 308
Book Description
In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.
Official Record of the Debates ...
Author: Publisher:
ISBN:
Category : Constitutional conventions
Languages : en
Pages : 1316
Book Description
South Australia. Official report of the National Australasian convention debates, Adelaide, Mar. 22 to May 5, 1897. 3rd session, Melbourne, 20th Jan. to 17th Mar., 1898
Author: Australia nat. Australasian conventionPublisher:
ISBN:
Category :
Languages : en
Pages : 1322
Book Description
From Subject to Citizen
Author: Alastair DavidsonPublisher: Cambridge University Press
ISBN: 9780521459730
Category : Biography & Autobiography
Languages : en
Pages : 364
Book Description
This important, theoretically sophisticated work explores the concepts of li beral democracy, citizenship and rights. Grounded in critical original research, the book examines Australia's political and legal institutions, and traces the history and future of citizenship and the state in Australia. The central theme is that making proof of belonging to the national culture a precondition of citizenship is inappropriate for a multicultural society such as Australia. This becomes an object lesson for the multicultural regional polities forming throughout the world.
Hearings
Author: United States. Congress SenatePublisher:
ISBN:
Category :
Languages : en
Pages : 856
Book Description