The Annotated Constitution of the Australian Commonwealth PDF Download

Author: Sir John Quick
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 1056

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Author: Andrew Lynch
Publisher: Cambridge University Press
ISBN: 1107158532
Category : Law
Languages : en
Pages : 393

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This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.

Author:
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 1070

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Comprises of: Official record of the proceedings and debates of the National Australasian Convention held in the Parliament House, Sydney, New South Wales in the months of March and April, 1891 -- Official report of the National Australasian Convention debates Adelaide, March 22 to May 5, 1897 -- Official record of the debates of the Australasian Federal Convention, second session, Sydney, 2nd to 24th September, 1897 -- Official record of the debates of the Australasian Federal Convention, third session, Melbourne, 20th January to 17th March, 1898 [2 v.]

Author:
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 1138

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Author: Australia. Constitutional Convention
Publisher:
ISBN:
Category : Constitutional conventions
Languages : en
Pages : 1288

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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: David Long
Publisher: Rowman & Littlefield
ISBN: 179364196X
Category : Law
Languages : en
Pages : 315

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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: John Warhurst
Publisher: Univ. of Queensland Press
ISBN: 9780702233418
Category : History
Languages : en
Pages : 300

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Author: Brendan Lim
Publisher: Cambridge University Press
ISBN: 1108132693
Category : Law
Languages : en
Pages : 303

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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: American Society for Judicial Settlement of International Disputes
Publisher:
ISBN:
Category :
Languages : en
Pages : 380

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