The Constitution Of Australia
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The Constitution of the Commonwealth of Australia
| Author | : Nicholas Aroney |
| Publisher | : Cambridge University Press |
| Total Pages | : 697 |
| Release | : 2015-09-11 |
| Genre | : Law |
| ISBN | : 0521759188 |
This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
The High Court, the Constitution and Australian Politics
| Author | : Rosalind Dixon |
| Publisher | : Cambridge University Press |
| Total Pages | : 369 |
| Release | : 2015-02-26 |
| Genre | : Law |
| ISBN | : 1316276783 |
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
The Constitution of South Australia
| Author | : Bradley Selway |
| Publisher | : Federation Press |
| Total Pages | : 316 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : 9781862872516 |
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.
Australia's Constitution
| Author | : Australia |
| Publisher | : |
| Total Pages | : 88 |
| Release | : 2017 |
| Genre | : Constitutional law |
| ISBN | : 9780646979687 |
Religious Freedom and the Australian Constitution
| Author | : Luke Beck |
| Publisher | : Routledge |
| Total Pages | : 335 |
| Release | : 2018-03-19 |
| Genre | : Law |
| ISBN | : 1351257749 |
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.
Australian Constitutional Landmarks
| Author | : H. P. Lee |
| Publisher | : Cambridge University Press |
| Total Pages | : 476 |
| Release | : 2004-01-12 |
| Genre | : Law |
| ISBN | : 9781139450355 |
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.
The Constitution of Australia
| Author | : Cheryl Saunders |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 185 |
| Release | : 2010-11-30 |
| Genre | : Law |
| ISBN | : 1847317405 |
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)
The Constitution of a Federal Commonwealth
| Author | : Nicholas Aroney |
| Publisher | : Cambridge University Press |
| Total Pages | : 447 |
| Release | : 2009-02-19 |
| Genre | : Law |
| ISBN | : 0521888646 |
This book describes how ideas about federalism influenced those who drafted the Australian Constitution.
The Australian Constitution as it is Actually Written
| Author | : Graham L Paterson |
| Publisher | : Strategic Book Publishing & Rights Agency |
| Total Pages | : 243 |
| Release | : 2015-04-03 |
| Genre | : History |
| ISBN | : 1631358421 |
“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.
