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Author : J. A. La Nauze
Publisher : Unknown
Page : 369 pages
File Size : 48,6 Mb
Release : 1974
Category : Australia
ISBN : OCLC:993428661
Author : Geoffrey Sawer
Publisher : Australian Government Publishing Service
Page : 198 pages
File Size : 51,5 Mb
Release : 1988
Category : Australia
ISBN : STANFORD:36105034305669
A history and guide to the Australian constitution.
Author : Lisa Burton Crawford
Publisher : Unknown
Page : 224 pages
File Size : 44,8 Mb
Release : 2017-04-27
Category : Australia
ISBN : 1760021334
* The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.
Author : Graham L Paterson
Publisher : Strategic Book Publishing & Rights Agency
Page : 243 pages
File Size : 45,5 Mb
Release : 2015-04-03
Category : Constitutional law
ISBN : 9781631358425
“The continued usage of the Australian Constitution Act (UK) by the Australian Governments and the judiciary is a confidence trick of monstrous proportions played upon the Australian people with the intent of maintaining power…. Authority over the Australian Constitution Act lies not with the Australian government, nor with the Australian people. It rests solely with the UK. Only they have the authority to repeal this legislation....” - The late Professor G. Clements, UK QC and emeritus Professor in Law at Cambridge University This book is the first of its type to be written in the last 114 years. Nobody has done so since Quick and Garran in 1901. The British Colony of Australia Act (1900) represents Australia's primary law. It is still used today as our Constitution. That Act controls all our lives. The British Government added the first eight parts of this Act and the ninth part is the draft Constitution. That draft was changed by the British Government before they would allow the Act to be presented to their Parliament. This amended Constitution was never presented to the “people” of Australia for their approval. The document is steeped in nineteenth century colonial thinking, and has never been brought up to date. It remains antiquated and bears very little relationship to the way we are governed. It is a myth that the referendums in 1899 and 1900 asked the “people” to approve the draft Constitution. The few selected “people” were asked if they wanted “union of the Colonies or disunion”. The acceptance of the original draft Constitution was taken for granted. The draft Constitution was never about democracy or Australian sovereignty. Another of the myths this book debunks is that the Constitution can only be changed by a referendum of the Australian people. The fifty colonial representatives; referred to as our “the founding fathers”, saw fit to include thirty nine provisions allowing Parliament to change the Constitution any time the ruling party wished. They have done this so many times in the last 114 years that no one has kept count. Read this book and find out why this primary law of the land is never taught in our schools, and how it controls your life.
Author : Cheryl Saunders,Adrienne Stone
Publisher : Oxford University Press
Page : 950 pages
File Size : 48,9 Mb
Release : 2018-03-01
Category : Law
ISBN : 9780191058318
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 : Federation Press
Page : 236 pages
File Size : 55,5 Mb
Release : 2003
Category : History
ISBN : 1862874689
How do Australians have a say in their government?Who makes decisions in government and how?What limits are there on the powers of the Commonwealth and State governments? Fundamental issues which go to the heart of Australian democracy and provide the themes in this book.Writing with great insight and clarity, wearing her renowned scholarship lightly, Saunders enables all Australians to take an informed part in the current debates. She outlines how the Constitution can be altered and many of the issues which affect all Australians.Saunders describes:how the Senate and House of Representatives workhow much power the Prime Minister really haswhy the High Court is so importantthe role of the Governor-Generalwho decides how to spend taxeshow State and Commonwealth Governments work togetherThe book also contains a full copy of the Australian Constitution.
Author : Cheryl Saunders
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 44,6 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 : Nicholas Aroney,Peter Gerangelos,Sarah Murray,James Stellios
Publisher : Cambridge University Press
Page : 697 pages
File Size : 44,5 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 : John Quick,Australia Constitution Act,Robert Garran
Publisher : Legare Street Press
Page : 0 pages
File Size : 45,7 Mb
Release : 2022-10-26
Category : History
ISBN : 101542967X
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Peter John Hanks
Publisher : Butterworth-Heinemann
Page : 504 pages
File Size : 43,8 Mb
Release : 1991
Category : Law
ISBN : STANFORD:36105044521339
Comprehensive guide which reviews the fundamental aspects of the area as it applies to state and federal governments and their political dimensions. Suitable for both students and practitioners. Includes tables of cases and statutes.
Author : Bradley Selway
Publisher : Federation Press
Page : 316 pages
File Size : 53,7 Mb
Release : 1997
Category : Law
ISBN : 1862872511
Selway, Solicitor-General for SA, analyses his State's Constitution in the first new work on State Constitutions for a generation.His book covers all the traditional subject matter and a variety of related topics that are usually treated separately. Thus, considered in their constitutional context, is the recognition of Aboriginal customary law, the role of the monarchy, the activities of statutory bodies, and judicial review.The Constitution of South Australia is essential reading for lawyers and other dealing with State constitutional problems in Australia. While focussed on South Australia, the similarity between the State Constitutions means it has general application elsewhere.
Author : Bede Harris
Publisher : Routledge
Page : 449 pages
File Size : 48,9 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135315924
First published in 2002. The last hundred years have seen many social changes in Australia. The many shortcomings in Australias Constitution have been exposed,leading to the current debate on an Australian republic.
Author : Australia Constitution ACT
Publisher : Legare Street Press
Page : 0 pages
File Size : 54,5 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1019461187
This legal document represents a landmark in Australian political history. The Commonwealth of Australia Constitution Act, which was passed in 1900 and came into effect in 1901, established the federal system of government that remains in place today. This edition includes helpful reference tools, making it an essential resource for students, lawyers, and anyone interested in the history of Australian law and government. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Katherine Lindsay
Publisher : Lawbook Company
Page : 200 pages
File Size : 49,5 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105062044347
The analysis & critical appraisal of primary legal materials are the cornerstones of a deep & effective understanding of constitutional law. The Australian Constitution in Context is designed to introduce students to the text of the Commonwealth Constitution, & the other primary sources of constitutional law, including statutes & case law interpreting the provisions of the constitutional document. Designed as a resource book, it focuses on encouraging students to engage with original sources, in order to develop critical skills for analysis, alerting them to the contexts within which the sources function. The text also provides exercises calling upon students to reflect, not just on the language of the constitutional document, but also upon the history of its interpretation, & the social context within which constitutional disputes arise & are settled. Through the exercises & case studies students will develop an appreciation of the multiple facets of constitutional law, knowledge of the role & function of governmental institutions, & an understanding of core conceptual & theoretical issues. The questions & research exercises are supplemented by other activities, which include revision exercises & terminology lists for revision & individual assessment. These activities are designed to complement & support the exercises, & sharpen students' skills.
Author : Australia. Parliament
Publisher : Unknown
Page : 208 pages
File Size : 51,5 Mb
Release : 1900
Category : Australia
ISBN : NYPL:33433082444104