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 237 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 428 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 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 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 Constitutional Law Administrative Law and Human Rights written by Ian Loveland and published by Oxford University Press. This book was released on 2003 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Constitutional law, 2000, edited by Ian Loveland.
Download or read book By Due Process of Law written by Ian Loveland and published by Hart Publishing. This book was released on 1999-10-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a larger view than the passing glance in most law schools, Loveland (law, Brunel U.) looks at the background and consequences of the 1950 South African case Harris v. (Donges) Minister of the Interior. He agrees with the conventional view that it established the principle that the United Kingdom Parliament cannot legally produce a statute that limits the powers of successive Parliaments. But he goes further by looking at how the case and the precedent relates to broader contemporary concerns about the British Constitution, especially in light of the Labour government's promotion of fundamental reform. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book British and Canadian Public Law in Comparative Perspective written by Ian Loveland and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The final written versions of the papers in this collection emerged from a conference held at City [City Law School, London, England] in the summer of 2018"
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 Housing Homeless Persons written by Ian Loveland and published by . This book was released on 1995 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The homelessness legislation has prompted a vast amount of litigation; its many discretionary terms are encrusted with a substantial growth of case law. This work examines the extent to which such case law affects the way in which the act is implemented by local authorities. Do government administrators take any notice of administrative law? Do courts control the behavior of local authorities? The author suggests the answer to both questions is "no", a situation which has serious implications for both the legality and legitimacy of the government process.
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 One Brief Interval written by Edward Woodward and published by . This book was released on 2005 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The former Chancellor of the University of Melbourne, Sir Edward Woodward, looks back on his life-both public and private-from a childhood during World War II to the present day. He recounts memories of his education at Melbourne Grammar and Melbourne University; his experiences as a young lawyer; his illustrious legal career as he rose from barrister to Queen's Counsel to judge; his appointment as head of ASIO between 1976 and 1981; his continuing relationship with Melbourne University, as lecturer in the Law School and as chancellor throughout the 1990s. In the background, but as notable, are the achievements of his family life - as son, husband, father and grandfather. Over the decades, Woodward was involved in some of the most significant Royal Commissions that were held, including the investigation into Aboriginal Land Rights, and mixed with the prominent legal and political figures of the period, such as Billy Snedden, John Kerr, Malcolm Fraser, Bob Hawke and Gough Whitlam. In ONE BRIEF INTERVAL, he casts a clear and perceptive eye over people, power and politics in Australia in the past fifty years.
Download or read book Political Libels written by Ian Loveland and published by . This book was released on 2000 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political libel is as old as politics itself. The politician, seeking redress in the courts for an allegedly libellous publication, uses the English law of libel to attempt to remove the stain from his character. Wielding the 'sword of truth' he does battle with the media, often with huge attendant publicity, and at great risk to his reputation should he fail in his quest. At the same time he stands to pocket a substantial sum in damages if he can show the libel to have been committed. In this, the first modern study of the phenomenon of political libels, the author delves behind the headlines and looks at the political and legal problems which surround this little understood but controversial area of English law. In this highly readable and engaging work the author surveys the ancient and modern history of the political libel laws, and argues that the English law of libel has in the main been too jealous of defending the reputations of politicians and insufficiently alert to the legitimate interest of the public. A strong case is made for reforming the law substantially, a case which rests both on the experience of other countries (notably the USA), and also on a re-examination of a handful of English cases dating from the mid-to-late nineteenth century whose significance has been downplayed by lawyers in subsequent years.
Download or read book A Special Relationship written by Ian Loveland and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of topical essays by many of the UK's leading public lawyers and centred on a single theme: the influence of US jurisprudence upon English Public Law. The contributors address a lively range of topics, while the introduction pulls the many and varied discussions and observationstogether and deals with a more general theory of the influence of US Public Law upon English Law.
Download or read book Importing the First Amendment written by Ian Loveland and published by . This book was released on 1998 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study compares the different approaches of the British, European and American courts to the questions of free speech, which are central to much of the debate in constitutional law. The contributors adopt opposing views, either favouring a US-inspired approach, or a more European approach.
Download or read book The Australia Acts 1986 written by Anne Twomey and published by NSW Sesquicentenary of Responsible Government. This book was released on 2010 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australia Acts, one enacted in Australia and the other in the United Kingdom, are fundamental constitutional documents for Australia: they terminated the remaining constitutional links between the two countries. Negotiated behind closed doors, little has been known of their background and purpose.Using previously confidential documents, this book reveals what was intended, what was disputed and what was rejected. It analyses each provision, its background, objectives, drafting changes and its current operation. It also provides a close analysis of the power to enact the Australia Acts, the validity of the provisions and their impact on the Crown and Australia's independence.The book addresses fundamental historical, political and constitutional matters, such as:the current basis for Australian sovereignty and the binding nature of the Constitution the relationship between federalism and the Crownthe status of the Queen of Australia and whether there is also a separate Queen of each State, and the source of the power to amend Australia's constitutional documents and the limits on its exercise. It is also essential for those who need to ascertain the extent of State legislative power, including:the reach of the extra-territorial power of the States and whether a nexus is neededwhether the States can constitutionally entrench laws, such as a bill of rightswhy the States cannot abdicate or limit the scope of their legislative powerswhether the States can apply the Australia Acts with retrospective effect to validate defective State laws.
Download or read book Frontiers of Criminality written by Ian Loveland and published by . This book was released on 1995 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text concentrates on the how and why of criminal law, how and why does behaviour become, or stop, being criminal? Issues considered include fraud, squatting, sexual offences and drug use.
