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Author : W. G. McMinn
Publisher : Melbourne ; New York : Oxford University Press
Page : 236 pages
File Size : 55,9 Mb
Release : 1979
Category : Law
ISBN : UOM:39015013449973
Author : W G. McMinn
Publisher : Unknown
Page : 128 pages
File Size : 46,7 Mb
Release : 2002
Category : Electronic
ISBN : OCLC:809730917
Author : Cheryl Saunders
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 44,8 Mb
Release : 2010-11-30
Category : Law
ISBN : 9781847317407
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 : Helen Irving
Publisher : Cambridge University Press
Page : 276 pages
File Size : 44,6 Mb
Release : 1999-06-13
Category : History
ISBN : 0521668972
This imaginative and resonant 1997 book looks at the constitution as a cultural artefact. It attempts to understand the period during which it emerged, culminating in Federation in 1901. Irving looks beyond the well-known events, places and figures to locate federation and the constitution in the context of broader social, political and cultural changes. She argues that Australians displayed an ability to reconcile the demands of pragmatism with the urge of romanticism. Despite its paradoxical construction, there is something uniquely Australian about the constitution, and it marked a utopian moment as the old century gave way to the new. Irving analyses the background and outcomes of the Constitutional Convention and considers its significance for Australia's possible future as a republic.
Author : Nicholas Aroney,Peter Gerangelos,Sarah Murray,James Stellios
Publisher : Cambridge University Press
Page : 697 pages
File Size : 48,9 Mb
Release : 2015-09-11
Category : Law
ISBN : 9780521759182
This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
Author : Boyle Travers Finniss
Publisher : Adelaide : W.C. Rigby
Page : 630 pages
File Size : 47,9 Mb
Release : 1886
Category : Constitutional history
ISBN : HARVARD:32044082372020
Author : Leslie Zines,University of Cambridge
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,9 Mb
Release : 1991-06-28
Category : History
ISBN : 9780521400398
This book is a contribution to comparative constitutional law and deals with important changes in the United Kingdom, Canada, Australia and New Zealand, the original members of the present Commonwealth of Nations. It is based on lectures delivered at the University of Cambridge. The first lecture discusses the development in recent years of the constitutional autonomy of Canada, Australia and New Zealand, and its effect on the constitutions of those countries and on the concept of the 'crown'. The second lecture is concerned with methods to entrench, constitutionally, individual and democratic rights. The final lecture contrasts judicial attitudes to the interpretation of the constitutions of Canada and Australia. The conclusion is reached that although the EEC is not a federation, there is a structural similarity between the distribution of governmental power within the Community and its members, and the federal issues that arise in Canada, Australia and other federations.
Author : Cheryl Saunders,Adrienne Stone
Publisher : Oxford University Press
Page : 950 pages
File Size : 49,8 Mb
Release : 2018-02-22
Category : Law
ISBN : 9780191058301
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 : Sarah McKibbin,Jeremy Patrick,Marcus K. Harmes
Publisher : Springer Nature
Page : 314 pages
File Size : 44,8 Mb
Release : 2022-03-30
Category : Law
ISBN : 9783030900687
This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.
Author : Linda Cardinal,David Headon
Publisher : University of Ottawa Press
Page : 347 pages
File Size : 50,8 Mb
Release : 2002-03-01
Category : Political Science
ISBN : 9780776616902
As questions concerning nationhood and national identity continue to preoccupy both Canada and Australia, Shaping Nations brings together the work of Australian and Canadian scholars around five core themes: constitutionalism, colonialism, republicanism, national identity, and governance.
Author : H. P. Lee,George Winterton
Publisher : Cambridge University Press
Page : 476 pages
File Size : 44,6 Mb
Release : 2004-01-12
Category : Law
ISBN : 1139450352
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 : Peter Cane,Lisa Ford,Mark McMillan
Publisher : Cambridge University Press
Page : 927 pages
File Size : 41,8 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781108586016
Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.
Author : Sarah McKibbin,Libby Connors,Marcus Harmes
Publisher : Bloomsbury Publishing
Page : 448 pages
File Size : 41,5 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781509939596
This is a contemporary legal history book for Australian law students, written in an engaging style and rich with learning features and illustrations. The writers are a unique combination of talents, bringing together their fields of research and teaching in Australian history, British constitutional history and modern Australian law. The first part provides the social and political contexts for legal history in medieval and early modern England and America, explaining the English law which came to Australia in 1788. This includes: The origins of the common law The growth of the legal profession The making of the Magna Carta The English Civil Wars The Bill of Rights The American War of Independence. The second part examines the development of the law in Australia to the present day, including: The English criminal justice system and convict transportation The role of the Privy Council in 19th century Indigenous Australia in the colonial period The federation movement Constitutional Independence The 1967 Australian referendum and the land rights movement. The comprehensive coverage of several centuries is balanced by a dynamic writing style and tools to guide the student through each chapter including learning outcomes, chapter outlines and discussion points. The historical analysis is brought to life by the use of primary documentary evidence such as charters, statutes, medieval source books and Coke's reports, and a series of historical cameos - focused studies of notable people and issues from King Edward I and Edward Coke to Henry Parkes and Eddie Mabo - and constitutional detours addressing topics such as the separation of powers, judicial review and federalism. A Legal History for Australia is an engaging textbook, cogently written and imaginatively resourced and is supported by a companion website: https://www.bloomsburyonlineresources.com/a-legal-history-for-australia
Author : John Williams
Publisher : Melbourne University
Page : 0 pages
File Size : 48,8 Mb
Release : 2005
Category : Australia
ISBN : 0522850421
This collection of primary source material on the Australian commonwealth constitution of 1901 brings together original unedited drafts, memoranda, comments by the drafters, and personal letters about the process of drafting the text. Political records including the Hasnard extracts, speeches, and newspaper cartoons reveal the opinions of political leaders and the feelings of the populace about the landmark document. The early drafts and evolution of the document reveal much about Australian constitutional law and political history.
Author : LUKE. BECK
Publisher : Routledge
Page : 0 pages
File Size : 50,8 Mb
Release : 2019-11-11
Category : Constitutional law
ISBN : 0367893746
This book explores the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and the political activities and motives of a religious minority seeking to prevent it having a religious character.