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Author: Benjamin B Saunders Publisher: Bloomsbury Publishing ISBN: 1509955801 Category : Law Languages : en Pages : 271
Book Description
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: Benjamin B Saunders Publisher: Bloomsbury Publishing ISBN: 1509955801 Category : Law Languages : en Pages : 271
Book Description
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: ISBN: 9781862875074 Category : Law Languages : en Pages : 26
Book Description
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: Cheryl Saunders Publisher: Federation Press ISBN: 9781862874688 Category : History Languages : en Pages : 236
Book Description
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: Graham L Paterson Publisher: Strategic Book Publishing & Rights Agency ISBN: 1631358421 Category : Constitutional law Languages : en Pages : 243
Book Description
“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 Publisher: Cambridge University Press ISBN: 1316276775 Category : Law Languages : en Pages : 697
Book Description
The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.
Author: Benjamin T. Jones Publisher: McGill-Queen's Press - MQUP ISBN: 0773592075 Category : History Languages : en Pages : 372
Book Description
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: Benjamin B Saunders
Author: Benjamin B Saunders
Author: Geoffrey Lindell
Author: Gordon Desmond Combe
Author: Cheryl Saunders
Author: Geoffrey Sawer
Author: Graham L Paterson
Author: Nicholas Aroney
Author: Patrick Moray Weller
Author: Benjamin T. Jones
Author: Brian Galligan