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Author: Cheryl Saunders Publisher: Oxford University Press ISBN: 0191058319 Category : Law Languages : en Pages : 1198
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: Cheryl Saunders Publisher: Oxford University Press ISBN: 0191058319 Category : Law Languages : en Pages : 1198
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: Anne Twomey Publisher: Federation Press ISBN: 9781862876293 Category : History Languages : en Pages : 328
Book Description
Using previously secret government documents, The Chameleon Crown re-writes the history of Australia's relationship with the United Kingdom and the Crown. It makes clear that the Australian States remained colonial dependencies of the British Crown until 1986 when the Australia Act was passed. It was the 'Queen of the United Kingdom', not the 'Queen of Australia' who reigned over them. For many decades historians, lawyers and politicians believed that the British Government's role in advising the Queen on State matters was simply a formality and that the British merely provided the 'channel of communication' for State advice. This book reveals for the first time the true extent of the independent role played by the British Government in State affairs as well as the significant role of the Queen. The Chameleon Crown takes the reader behind the scenes into the confidential negotiations between the States, the Commonwealth, the British Government and Buckingham Palace on the termination of the colonial links between the States and the United Kingdom. This was a battle of high politics, played by the likes of Whitlam, Murphy, Bjelke-Petersen, Wran, Fraser, Hawke, in which the sovereignty of the States was at stake. It is essential reading for those interested in Australian politics, history and the monarchy. A NSW Sesquicentenary of Responsible Government publication.
Author: Luke Beck Publisher: Routledge ISBN: 1351257749 Category : Law Languages : en Pages : 335
Book Description
This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.
Author: Brian Galligan Publisher: Cambridge University Press ISBN: 1316352420 Category : Law Languages : en Pages : 289
Book Description
Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.
Author: Anne Twomey Publisher: Federation Press ISBN: 9781862875166 Category : Law Languages : en Pages : 966
Book Description
Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.
Author: H. P. Lee Publisher: Cambridge University Press ISBN: 9781139450355 Category : Law Languages : en Pages : 476
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: Cheryl Saunders
Author: Cheryl Saunders
Author: Australia. Constitutional Convention
Author: Australia. Parliament. Senate
Author: Anne Twomey
Author: Luke Beck
Author: Brian Galligan
Author: Brian Galligan
Author: Anne Twomey
Author: Australia. Constitutional Convention
Author: H. P. Lee