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Author : David Hamer
Publisher : Belconnen ACT : University of Canberra
Page : 236 pages
File Size : 55,9 Mb
Release : 1994
Category : Australia
ISBN : NYPL:33433050660400
Author : Benjamin B Saunders
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 47,8 Mb
Release : 2023-06-15
Category : Law
ISBN : 9781509955817
This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.
Author : Geoffrey Lindell
Publisher : Unknown
Page : 26 pages
File Size : 46,6 Mb
Release : 2004
Category : Law
ISBN : 1862875073
The effect of the implications drawn by the High Court from the system of representative government provided in the Australian Constitution, in the light of such cases as Australian Capital Television Pty Ltd v Commonwealth and Lange v Australian Broadcasting Corporation, is well known. In this paper Professor Lindell discusses an aspect of those cases which has received less attention: the effect of the implications drawn by the Court from a particular kind of representative government, namely the system of responsible government which is also provided for in the Constitution. In particular, the paper focuses on the extent to which the rules of responsible government have now become judicially enforceable. The paper explores how the world would look if that concept were judicially enforceable. That is the position with the British Commonwealth countries that received their independence after World War II where some of the rules of responsible government were accorded express constitutional recognition.
Author : Gordon Desmond Combe
Publisher : Wakefield Press
Page : 266 pages
File Size : 50,7 Mb
Release : 2009
Category : Premiers
ISBN : 9781862548435
Author : Benjamin T. Jones
Publisher : McGill-Queen's Press - MQUP
Page : 311 pages
File Size : 53,9 Mb
Release : 2014-06
Category : History
ISBN : 9780773592063
Despite remarkable similarities, little attempt has been made to compare the political development of colonial-era Australia and Canada. Both nations were born as British colonies and used violent and non-violent means to agitate for democratic freedoms. Republicanism and Responsible Government explores how these sister colonies transformed the very nature of the British Empire by insisting on democratic self-rule. Focusing on the middle of the nineteenth century, Benjamin Jones explores key points in colonial Australian and Canadian history - Canada's Rebellions of 1837-38 and the Durham Report, and Australia's anti-transportation movement and the Eureka Stockade. Previously, historians have looked to liberalism when explaining radicalism and democratization. Jones, however, contends that Canadian and Australian radicals and reformers were influenced by the ancient political philosophy of civic republicanism, with its focus on collectivism, civic duty, and virtue. William Lyon Mackenzie and John Dunmore Lang, he argues, did not champion republicanism to achieve individual rights but to create a virtuous society free from the corruption they saw in the status quo. Republicanism and Responsible Government challenges traditional interpretations of key events in Australian and Canadian history and shows that even though both nations remain constitutional monarchies, republican ideas have shaped their foundations since the earliest days of settlement.
Author : Cheryl Saunders
Publisher : Federation Press
Page : 236 pages
File Size : 42,7 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 : Patrick Moray Weller,Dean Jaensch
Publisher : Unknown
Page : 296 pages
File Size : 42,7 Mb
Release : 1980
Category : Australia
ISBN : UOM:39015031627048
Author : Geoffrey Sawer
Publisher : Australian Government Publishing Service
Page : 198 pages
File Size : 42,9 Mb
Release : 1988
Category : Australia
ISBN : STANFORD:36105034305669
A history and guide to the Australian constitution.
Author : Brian Galligan
Publisher : CUP Archive
Page : 304 pages
File Size : 53,8 Mb
Release : 1995-09-14
Category : History
ISBN : 0521373549
A provocative reassessment of the Australian constitution from the perspective of a political scientist.
Author : Cheryl Saunders
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 52,8 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 : Graham L Paterson
Publisher : Strategic Book Publishing & Rights Agency
Page : 243 pages
File Size : 49,7 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 : Nicholas Aroney,Peter Gerangelos,Sarah Murray,James Stellios
Publisher : Cambridge University Press
Page : 697 pages
File Size : 42,7 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 : Patrick J. McGrath
Publisher : iUniverse
Page : 162 pages
File Size : 52,7 Mb
Release : 2000-09
Category : Law
ISBN : 9780595125081
Americans have the best constitutional principles: limited government, the rule of law, and the God-given rights of men and women. Yet what attitudes do the American people hold toward their government today? Chaos, confusion, contempt and choler. The reason Americans feel that way, contends author Patrick J. McGrath, is that our “divided” structure of government means no one is responsible for the errors that do come along. McGrath says it’s time to consider the nearly-heretical idea that our structure of government is fundamentally flawed. There is a better way, McGrath contends, one that already works in many other countries – the Cabinet or Responsible form of Government. After illustrating the problem and the way to a solution, McGrath presents his proposal for a new Constitution based on a Responsible Government structure combined with American constitutional principles.
Author : Cheryl Saunders,Adrienne Stone
Publisher : Oxford University Press
Page : 950 pages
File Size : 52,5 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 : Nicholas Aroney
Publisher : Cambridge University Press
Page : 447 pages
File Size : 54,7 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521888646
This book describes how ideas about federalism influenced those who drafted the Australian Constitution.
