Download or read book Australia s American Constitution and the Dismissal written by David Long and published by Rowman & Littlefield. This book was released on 2021-04-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General’s 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defence of the Founders original understanding as the object of constitutional construction.
Download or read book Great Australian Dissents written by Andrew Lynch and published by Cambridge University Press. This book was released on 2016-09-08 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
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 Official Report of the National Australasian Convention Debates Official record of the debates of the Australasian Federal Convention second session Sydney 2nd to 24th September 1897 written by and published by . This book was released on 1897 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Politics written by John Warhurst and published by Univ. of Queensland Press. This book was released on 2002 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Marketing Blurb
Download or read book Australia s Constitution after Whitlam written by Brendan Lim and published by Cambridge University Press. This book was released on 2017-04-06 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.
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 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 Australia written by Sir Ernest Scott and published by Cambridge University Press. This book was released on 1988 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Axial Shift written by Benjamen Gussen and published by Springer. This book was released on 2019-05-17 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses historical analysis, constitutional economics, and complexity theory to furnish an account of city subsidiarity as a legal, ethical, political, and economic principle. The book contemplates subsidiarity as a constitutional principle, where cities would benefit from much wider local autonomy. Constitutional economics suggests an optimal limit to jurisdictional footprints (territories). This entails preference for political orders where sovereignty is shared between different cities rather states where capital cities dominate. The introduction of city subsidiarity as a constitutional principle holds the key to economic prosperity in a globalizing world. Moreover, insights from complexity theory suggest subsidiarity is the only effective response to the ‘problem of scale.’ It is a fitness trait that prevents highly complex systems from collapsing. The nation-state is a highly complex system within which cities function as ‘attractors.’ The collapse of such systems would ensue if there were strong coupling between attractors. Such coupling obtains under legal monism. Only subsidiarity can make the eventuality of collapse improbable. The emergent and self-organizing properties of subsidiarity entail a shift in policy emphasis towards cities with a wide margin of autonomy.
Download or read book University of Washington Publications in the Social Sciences written by and published by . This book was released on 1911 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Documents of Massachusetts written by Massachusetts and published by . This book was released on 1909 with total page 1600 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 2018-03-01 with total page 1198 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 Journal of Peace Prosperity and Freedom written by Tim Andrews and published by Createspace Publishing. This book was released on 2013-12-31 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: ARTICLES IN VOLUME 2 (2013) ‘The High Court’s Attack on Federalism’, By Tim Andrews; ‘The Constitutionality of Fiat Paper Money in Australia: Fidelity or Convenience?’, By Andrew Dahdal; ‘Taking a Little off the Top: How Henry VIII and Edward VI Destroyed the Value of England’s Currency’ By Marcus M. Witcher ‘Free Markets, Competition and Medical Practice’ By Brian Bedkober ‘A Strategy for the Fourth Estate in a World Engulfed by Narrative’ By Vinay Kolhatkar ‘Departurism Redeemed – A Response to Walter Block’s ‘Evictionism is Libertarian; Departurism is Not: Critical Comment on Parr’ By Sean Parr ‘Rejoinder to Parr on Evictionism and Departurism’ By Walter Block BOOK REVIEWS The Harm in Hate Speech By David Gordon Where Keynes Went Wrong: And Why World Governments Keep Creating Inflation, Bubbles and Busts By Vinay Kolhatkar Beyond Democracy By Sukrit Sabhlok; Against Intellectual Monopoly, By Jeffrey Tucker; Betrayal of the American Right, By Andrew Dahdal.
Download or read book Journal of the Royal Colonial Institute written by Royal Commonwealth Society and published by . This book was released on 1899 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of National Conference written by American Society for Judicial Settlement of International Disputes. National Conference and published by . This book was released on 1917 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proceedings of National Conference American Society for Judicial Settlement of International Disputes written by American Society for Judicial Settlement of International Disputes and published by . This book was released on 1917 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
