The treaty-making power in the Commonwealth of Australia

The treaty-making power in the Commonwealth of Australia
Author: Günther Doeker
Publisher: Springer
Total Pages: 308
Release: 2012-12-06
Genre: Law
ISBN: 9401195609

In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.

Responsible Government and the Australian Constitution

Responsible Government and the Australian Constitution
Author: Benjamin B Saunders
Publisher: Bloomsbury Publishing
Total Pages: 271
Release: 2023-06-15
Genre: Law
ISBN: 1509955801

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'.

The Constitution of a Federal Commonwealth

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 Constitution of Australia

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)

Library of Dreams

Library of Dreams
Author:
Publisher: National Library Australia
Total Pages: 142
Release: 2011
Genre: Art
ISBN: 0642277028

LIBRARY OF DREAMS interprets and celebrates a diverse selection of treasures from the rich and varied collections of the National Library of Australia. The book examines over 50 of the most popular items, page by page, in the Library's collections, including: James Cook's Endeavour journal; William Bligh's notebook and list of mutineers; The only surviving Australian convict uniform; The original manuscript of 'Waltzing Matilda'; William John Wills' diary; Jorn Utzon's models for the design of the Sydney Opera House; The manuscripts relating to the trial of Lindy Chamberlain Beautifully illustrated throughout, this souvenir publication examines what makes a national treasure and inspires readers to take a closer look at what libraries reveal about Australia's heritage. The publication will appeal to a broad range of readers, in particular those with an interest in Australian history and anyone who loves beautiful, rare objects and appreciates Australian culture.