Download or read book Five Things to Know About the Australian Constitution written by Helen Irving and published by Cambridge University Press. This book was released on 2004-11-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this excellent new book, Helen Irving delves into the mystery that is the Australian constitution by discussing the major national debates of recent years. Many people want to understand and take part in the debate about constitutional issues but they face a significant hurdle: the constitution is almost unreadable. It does not mean what it says, and nor does it say what it means. There are many myths in circulation about what the constitution says and as many assumptions about what it does. Helen Irving, one of this country's foremost constitutional experts, puts various constitutional confusions to rest, and invites a general audience into an understanding of the issues that were once reserved for experts.

Download or read book The Constitution of the Commonwealth of Australia written by Nicholas Aroney and published by Cambridge University Press. This book was released on 2015-09-11 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.

Download or read book The Constitution of Australia written by Cheryl Saunders and published by Bloomsbury Publishing. This book was released on 2010-11-30 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Download or read book The Annotated Constitution of the Australian Commonwealth written by Sir John Quick and published by . This book was released on 1901 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book To Constitute a Nation written by Helen Irving and published by Cambridge University Press. This book was released on 1999-06-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This imaginative and resonant 1997 book looks at the constitution as a cultural artefact. It attempts to understand the period during which it emerged, culminating in Federation in 1901. Irving looks beyond the well-known events, places and figures to locate federation and the constitution in the context of broader social, political and cultural changes. She argues that Australians displayed an ability to reconcile the demands of pragmatism with the urge of romanticism. Despite its paradoxical construction, there is something uniquely Australian about the constitution, and it marked a utopian moment as the old century gave way to the new. Irving analyses the background and outcomes of the Constitutional Convention and considers its significance for Australia's possible future as a republic.

Download or read book Religious Freedom and the Australian Constitution written by Luke Beck and published by Routledge. This book was released on 2018-03-19 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Australian Senate Practice written by Australia. Parliament. Senate and published by . This book was released on 1973 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Australian Constitutional Landmarks written by H. P. Lee and published by Cambridge University Press. This book was released on 2004-01-12 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Australian Constitution as it is Actually Written written by Graham L Paterson and published by Strategic Book Publishing & Rights Agency. This book was released on 2015-04-03 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.

Download or read book The 1967 Referendum written by Bain Attwood and published by Aboriginal Studies Press. This book was released on 2007 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.

Download or read book Commonwealth of Australia Constitution Bill written by Australia. Parliament and published by . This book was released on 1900 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Naked Australian Constitution written by Ian Killey and published by Rowman & Littlefield. This book was released on 2022-07-07 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.

Download or read book The Rule of Law and the Australian Constitution written by Lisa Burton Crawford and published by . This book was released on 2017-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: * 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'.

Download or read book Responsible Government and the Australian Constitution written by Benjamin B Saunders and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.

Download or read book Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2006-01 with total page 1474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.