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Australian Constitutional Landmarks

Author: H. P. Lee
Publisher: Cambridge University Press
ISBN: 9781139450355
Size: 19.29 MB
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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.

State Constitutional Landmarks

Author: George Winterton
Publisher: Federation Press
ISBN: 9781862876071
Size: 67.51 MB
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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.

Australia S Constitution After Whitlam

Author: Brendan Lim
Publisher: Cambridge University Press
ISBN: 1108132693
Size: 38.73 MB
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Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.

Religious Freedom And The Australian Constitution

Author: Luke Beck
Publisher: Routledge
ISBN: 1351257749
Size: 43.33 MB
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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.

Constitutional Advancement In A Frozen Continent

Author: H. P. Lee
Publisher: Federation Press
ISBN: 9781862877610
Size: 76.36 MB
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Australia has been called the "frozen continent" for its many failures to effect changes to the Constitution via the processes prescribed in section 128. And yet this rigid referendum process has not impeded constitutional advancement. Today the Australian polity wields broad-ranging national powers over most spheres of activities in Australia. The High Court of Australia plays a pivotal role in ensuring that a document devised in a horse and buggy era continues to be of relevance in an age of fast-paced modernity. A broad spectrum of distinguished legal scholars and jurists engage in thoughtful and critical exegesis to explain the continuing evolution of the Australian Constitution.The book was originally conceived as a festschrift to mark George Winterton's retirement as Professor of Constitutional Law at Sydney University. He worked closely with H P Lee on the shaping of the framework of the volume and, in particular, worked very closely with Peter Gerangelos on the chapter which now appears under his name, a chapter which should be regarded as one co-authored with George Winterton. Unfortunately, George passed away without seeing the fruits of his labours. The book stands as a mark of admiration and respect for an outstanding and inspirational scholar.

Law And Government In Australia

Author: Matthew Groves
Publisher: Federation Press
ISBN: 9781862875883
Size: 43.47 MB
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An unrivalled collection of scholars contribute to a book to explore how law and government may affect each other. The authors are all leaders in their field and have joined to honour one of Australia’s most distinguished legal scholars - Enid Campbell -who was recently awarded a Companion of the Order of Australia for her services to the law and legal scholarship. The contributors examine problems within their special field of expertise. The constitutional law experts and their topics include: George Winterton on the changing role of the Governor-General Leslie Zines who examines one of the unresolved issues of intergovernmental immunities HP Lee who explains the implications of the High Court’s most recent decisions on the implied freedom of political communication Jeff Goldsworthy who considers the extent to which a government can bind its successor The administrative law experts and their topics include: Mark Aronson who asks whether the doctrine of nullity has a future in Australian law Bruce Dyer who explains how the High Court has refashioned the ‘legitimate expectation’ and what that means for the requirements of natural justice Dennis Pearce, a former Commonwealth Ombudsman, who examines the most important issues facing Ombudsmen today Sir Anthony Mason who asks whether estoppel has a place in Australian public law.The papers that cover other important legal issues relevant to government include: Matthew Groves who details how the declining role of ministerial responsibility affects the operation of judicial review Mike Taggart, New Zealand’s most eminent legal scholar, who explains the history of legislation used by Attorneys-General to have the most difficult people declared vexatious Richard Garnett, who explains the choices faced by the Australian government in the future of conflict of laws Enid Campbell examines the writings of the legendary American scholar Lon Fuller. She asks whether some government decision-making is just not suited to review by the courts.

International Trade And Business Law Review

Author: Gabriel Moens:
Publisher: Routledge Cavendish
ISBN:
Size: 34.75 MB
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The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the memoranda prepared by teams coached by Professor Gabriël A. Moens. The Review is edited at the Murdoch University School of Law in Perth, Australia. The Editors-in-Chief are Mr Roger Jones, Partner, Latham & Watkins LLP, Chicago and Gabriël A. Moens, Dean and Professor of Law, Murdoch Law School. It is an internationally-refereed journal. The Review is supervised by an international board of editors that consists of leading international trade law practitioners and academics from the European Union, the United States, Asia and Australia. The Student Editors for Volume XI are Adam Totaro and Peter Clay from the Murdoch Law School.

Sir Ninian Stephen

Author: Timothy L. H. McCormack
Publisher:
ISBN:
Size: 61.90 MB
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Compiled in honour of Sir Ninian Stephen's 80th birthday, This collection of essays by Australia's most respected legal, political and diplomatic figures celebrate Sir Ninian's contribution to Australian public life: the High Court, the International Court of Justice, the Permanent Court of Arbitration, and the International Criminal Tribunal.