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Author: David Long Publisher: 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.
Author: David Long Publisher: 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.
Author: Publisher: ISBN: Category : Australia Languages : en Pages : 1070
Book Description
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: Andrew Lynch Publisher: Cambridge University Press ISBN: 1107158532 Category : Law Languages : en Pages : 393
Book Description
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
Author: Brendan Lim Publisher: Cambridge University Press ISBN: 1107119464 Category : Law Languages : en Pages : 303
Book Description
An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.
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: David Long
Author: David Long
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Author: Andrew Lynch
Author: Sir John Quick
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Author: Brendan Lim
Author: John Warhurst
Author: H. P. Lee