Download or read book McCawley and Trethowan The Chaos of Politics and the Integrity of Law Volume 2 written by Ian Loveland and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second part of this two-volume study, Ian Loveland delves deeply into the immediate historical and political context of the Trethowan litigation which began in New South Wales in 1930 and reached the Privy Council two years later. The litigation centred on the efforts of a conservatively-inclined government to prevent a future Labour administration led by the then radical politician Jack Lang abolishing the upper house of the State's legislature by entrenching the existence of the upper house through the legal device of requiring that its abolition be approved by a state-wide referendum. The book carefully examines the immediate political and legal routes of the entrenchment device fashioned by the State's Premier Sir Thomas Bavin and his former law student, colleague and then Dean of the Sydney University law school Sir John Peden, and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court and finally in the Privy Council in the multiple contexts of the personal and policy based disputes which pervaded both the State and national political arenas. In its final chapter, the book draws on insights provided by the detailed study of McCawley (in volume one) and Trethowan to revisit and re-evaluate the respective positions adopted by William Wade and Ivor Jennings as to the capacity of the United Kingdom's Parliament to introduce entrenching legislation which would be upheld by the courts.
Download or read book McCawley and Trethowan The Chaos of Politics and the Integrity of Law Volume 1 written by Ian Loveland and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.
Download or read book State Constitutional Landmarks written by George Winterton and published by Federation Press. This book was released on 2006 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen landmark cases and controversies of parliamentary government in the Australian colonies and States are recounted in all their political and legal drama by some of Australias leading constitutional scholars. Topics covered include the amazing saga of Justice Boothby in the 1860s; Privy Council decisions establishing the plenary power of colonial legislatures; the dismissal of New South Wales (NSW) Premier Jack Lang in 1932; the resolution of deadlocks between State legislative Houses; the making of the Australia Acts 1986; debate on the separation of judicial power in the States; the survival of the NSW Legislative Council; the power to expel an MP in NSW; one-vote, one-value in Western Australia; affirmation of the rule of law in Western Australia; the Franca Arena saga in NSW; and the power to force ministers to produce documents in NSW.
Download or read book Diverse Voices in Public Law written by Se-shauna Wheatle and published by Policy Press. This book was released on 2023-06-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: • Enriches students’ understanding of the dynamics that emerge within public law; • Highlights the impact of historical and societal inequities on public law norms; • Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.
Download or read book Constitutional Law Administrative Law and Human Rights written by Ian Loveland and published by Oxford University Press. This book was released on 2021 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context.
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 Constitution of Western Australia written by Alan Fenna and published by Springer Nature. This book was released on 2023-06-16 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.
Download or read book The Constitution of New South Wales written by Anne Twomey and published by Federation Press. This book was released on 2004 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.
Download or read book Western Australian Reports written by Western Australia. Supreme Court and published by . This book was released on 2002 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Australian Constitutional Law written by Luke Beck and published by Cambridge University Press. This book was released on 2019-10-04 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book's explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.
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 185 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 Constitution of the Commonwealth of Australia written by Nicholas Aroney and published by Cambridge University Press. This book was released on 2015-11-26 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law Reports of the Incorporated Council of Law Reporting written by Great Britain. Parliament. House of Lords and published by . This book was released on 1934 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making of India s Constitution written by Hans Raj Khanna and published by Eastern Book Company. This book was released on 2008 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Law Review written by and published by . This book was released on 2006 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to Jurisprudence written by Dennis Lloyd Baron Lloyd of Hampstead and published by . This book was released on 1959 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Commonwealth Law Reports written by Australia. High Court and published by . This book was released on 2002 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: