Australias American Constitution And The Dismissal

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Australia’s American Constitution and the Dismissal

Author : David Long
Publisher : Rowman & Littlefield
ISBN 13 : 179364196X
Total Pages : 315 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Australia’s American Constitution and the Dismissal by : David Long

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.

The Truth of the Matter

Author : Gough Whitlam
Publisher : Melbourne Univ. Publishing
ISBN 13 : 9780522852127
Total Pages : 340 pages
Book Rating : 4.8/5 (521 download)

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Book Synopsis The Truth of the Matter by : Gough Whitlam

Download or read book The Truth of the Matter written by Gough Whitlam and published by Melbourne Univ. Publishing. This book was released on 2005-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Remembrance Day, 1975, the Governor-General of Australia, Sir John Kerr, sacked the Prime Minister, Gough Whitlam. The Dismissal was the culmination of almost three years of political conflict, as Whitlam's reforming Labor government rammed home overdue legislative reforms in the face of implacable, and increasingly bitter, conservative opposition. The focus of the Opposition's scheming was the Senate, where its leaders blocked supply in order to force a political crisis. Whitlam, famous for his 'crash through or crash' style, refused to compromise with his political enemies. After consulting secretly with the Opposition Leader, Malcolm Fraser, and the Chief Justice, Sir Garfield Barwick, Kerr abruptly informed the PM that he had withdrawn his commission. Half an hour later, Kerr swore Fraser in as 'caretaker Prime Minister'. At an election a month later, the conservatives were returned to office. Controversy and recrimination followed. Many Australians, including Whitlam himself, believed he had been the victim of a coup. In 1979, he published his own account of the events of 1975, The Truth of the Matter, an instant best seller. Out of print for many years, it is republished by MUP on the thirtieth anniversary of the Dismissal, with a new introduction by the author and other new reference material. Passionate, pithy, learned, witty, and vigorously combative, The Truth of the Matter tells the extraordinary political story of the only Prime Minister of Australia ever deposed from office.

Australian Constitutional Landmarks

Author : H. P. Lee
Publisher : Cambridge University Press
ISBN 13 : 9781139450355
Total Pages : 476 pages
Book Rating : 4.4/5 (53 download)

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Book Synopsis Australian Constitutional Landmarks by : H. P. Lee

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.

The Palace Letters

Author : Professor Jenny Hocking
Publisher :
ISBN 13 : 9781922310248
Total Pages : 288 pages
Book Rating : 4.3/5 (12 download)

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Book Synopsis The Palace Letters by : Professor Jenny Hocking

Download or read book The Palace Letters written by Professor Jenny Hocking and published by . This book was released on 2020-11-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role did the queen play in the governor-general Sir John Kerr's plans to dismiss prime minister Gough Whitlam in 1975, which unleashed one of the most divisive episodes in Australia's political history? And why weren't we told? Under the cover of being designated as private correspondence, the letters between the queen and the governor-general about the dismissal have been locked away for decades in the National Archives of Australia, and embargoed by the queen potentially forever. This ruse has furthered the fiction that the queen and the Palace had no warning of or role in Kerr's actions. In the face of this, Professor Jenny Hocking embarked on a four-year legal battle to force the Archives to release the letters. In 2015, she mounted a crowd-funded campaign, securing a stellar pro bono team that took her case all the way to the High Court of Australia. Now, drawing on never-before-published material from Kerr's archives and her submissions to the court, Hocking traces the collusion and deception behind the dismissal, and charts the private role of High Court judges, the queen's private secretary, and the leader of the opposition, Malcolm Fraser, in Kerr's actions, and the prior knowledge of the queen and Prince Charles. Hocking also reveals the obstruction, intrigue, and duplicity she faced, raising disturbing questions about the role of the National Archives in preventing access to its own historical material and in enforcing royal secrecy over its documents.

The Constitution of Australia

Author : Cheryl Saunders
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317405
Total Pages : 183 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Constitution of Australia by : Cheryl Saunders

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)

Conversations with the Constitution

Author : Gregory Craven
Publisher : UNSW Press
ISBN 13 : 9780868404394
Total Pages : 256 pages
Book Rating : 4.4/5 (43 download)

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Book Synopsis Conversations with the Constitution by : Gregory Craven

Download or read book Conversations with the Constitution written by Gregory Craven and published by UNSW Press. This book was released on 2004 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the bitter power struggles of the Australian constitution's forging, and paints the founding fathers as implausible heroes who managed a profound historical achievement. It talks about parliaments, courts, judges and ministers not just as colorless instruments of the Constitution, but as the walking wounded of political psychology; and it sheds light on today’s great constitutional controversies: Do we need a Bill of Rights? Can federalism work? How can parliament work better? Can we ever be a republic?

A Federal Republic

Author : Brian Galligan
Publisher : CUP Archive
ISBN 13 : 9780521373548
Total Pages : 304 pages
Book Rating : 4.3/5 (735 download)

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Book Synopsis A Federal Republic by : Brian Galligan

Download or read book A Federal Republic written by Brian Galligan and published by CUP Archive. This book was released on 1995-09-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative reassessment of the Australian constitution from the perspective of a political scientist.

The Veiled Sceptre

Author : Anne Twomey
Publisher : Cambridge University Press
ISBN 13 : 1107056780
Total Pages : 913 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Veiled Sceptre by : Anne Twomey

Download or read book The Veiled Sceptre written by Anne Twomey and published by Cambridge University Press. This book was released on 2018-04-12 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extension to other Realms of the reserve power to refuse a dissolution

Criminal Due Process and Chapter III of the Australian Constitution

Author : Anthony Gray
Publisher :
ISBN 13 : 9781760020767
Total Pages : 312 pages
Book Rating : 4.0/5 (27 download)

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Book Synopsis Criminal Due Process and Chapter III of the Australian Constitution by : Anthony Gray

Download or read book Criminal Due Process and Chapter III of the Australian Constitution written by Anthony Gray and published by . This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates the potential of the principle of separation of powers reflected in the structure and text of the Australian Constitution to protect fundamental due process rights. Clearly, the founding fathers did not enact an express bill of rights in the Australian Constitution, and the document contains a limited number of express rights. However, the High Court has accepted as fundamental the doctrine of separation of powers. While the precise contours of the separation of powers principle are still being drawn, the High Court has found that laws which require, or authorise, a court to exercise power involving a departure from characteristics of traditional judicial process are constitutionally suspect. This is because such a law would undermine a court's institutional integrity. While the High Court has been somewhat loath to identify precisely characteristics of traditional judicial process, some indicia - including open courts, ability to review a decision of a lower court for jurisdictional error, the provision of reasons, decisional independence and fairness - have been identified. This book argues that fundamental due process rights in the criminal law area, such as presumption of innocence, the right to silence, the right to confront accusers, open courts, no effective punishment without conviction, and proportionate rather than mandated sentencing, are so fundamental to a criminal procedure that laws which abrogate these rights and expectations are vulnerable to constitutional challenge.

Can Responsible Government Survive in Australia?

Author : David Hamer
Publisher : Belconnen ACT : University of Canberra
ISBN 13 :
Total Pages : 236 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Can Responsible Government Survive in Australia? by : David Hamer

Download or read book Can Responsible Government Survive in Australia? written by David Hamer and published by Belconnen ACT : University of Canberra. This book was released on 1994 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The 1967 Referendum

Author : Bain Attwood
Publisher : Aboriginal Studies Press
ISBN 13 : 0855755555
Total Pages : 201 pages
Book Rating : 4.8/5 (557 download)

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Book Synopsis The 1967 Referendum by : Bain Attwood

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.

Australian Senate Practice

Author : Australia. Parliament. Senate
Publisher :
ISBN 13 :
Total Pages : 650 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Australian Senate Practice by : Australia. Parliament. Senate

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:

Platypus and Parliament

Author : Stanley Bach
Publisher : Department of Senate Parliament House
ISBN 13 : 9780642712912
Total Pages : 389 pages
Book Rating : 4.7/5 (129 download)

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Book Synopsis Platypus and Parliament by : Stanley Bach

Download or read book Platypus and Parliament written by Stanley Bach and published by Department of Senate Parliament House. This book was released on 2003-01-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic examination of how the Senate actually operates covering topics which include the design and operation of Australia's system of government, an analysis of the confrontation betwen the Senate and the house of Representatives in 1975, proposals for reform, the republican debate, minority parties and the balance of power.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0198738439
Total Pages : 1201 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of the Australian Constitution by : Cheryl Saunders

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.

Religious Freedom and the Australian Constitution

Author : Luke Beck
Publisher : Routledge
ISBN 13 : 1351257749
Total Pages : 335 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Religious Freedom and the Australian Constitution by : Luke Beck

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.

The Annotated Constitution of the Australian Commonwealth

Author : Sir John Quick
Publisher :
ISBN 13 :
Total Pages : 1056 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis The Annotated Constitution of the Australian Commonwealth by : Sir John Quick

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:

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

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.