Search results for: australias-constitution-after-whitlam

Australia s Constitution after Whitlam

Author : Brendan Lim
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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.

Crisis and the Canon

Author : Brendan Lim
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Australian Constitutional Values

Author : Rosalind Dixon
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Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
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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.

Australian Constitutional Landmarks

Author : H. P. Lee
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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.

The Great Mistakes of Australian History

Author : Martin Crotty
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Blunders, stuff-ups and misjudgements are a part of any country's history. Dwelling on what might have been isn't always helpful, but recognising our mistakes and learning from them is important. In this highly original and provocative book leading Australian historians attempt to do just that. Many stories, scenarios and situations are explored with verve, compassion and insight. The Great Mistakes of Australian History is a lively and provocative account of where we might have got it wrong, written so that next time we can get it right.

Inside the Canberra Press Gallery

Author : Rob Chalmers
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Before television, radio, and later the internet came to dominate the coverage of Australian politics, the Canberra Press Gallery existed in a world far removed from today's 24-hour news cycle, spin doctors and carefully scripted sound bites. This historical memoir of a career reporting from The Wedding Cake of Old Parliament House offers a rare insider's perspective on both how the gallery once operated and its place in the Australian body politic. Using some of the biggest political developments of the past fifty years as a backdrop, Inside the Canberra Press Gallery - Life in the Wedding Cake of Old Parliament House sheds light on the inner workings of an institution critical to the health of our parliamentary democracy. Rob Chalmers (1929-2011) entered the Federal Parliamentary Press Gallery in 1951 as a twenty-one-year-old reporter for the now-defunct Sydney Daily Mirror and would retire from political commentary 60 years later - an unprecedented career span in Australian political history. No parliamentary figure - politician, bureaucrat or journalist - can match Chalmers' experience, from his first Question Time on 7 March 1951 until, desperately ill, he reluctantly retired from editing the iconic newsletter Inside Canberra sixty years, four months and eighteen days later. As well as being considered a shrewd political analyst, Chalmers was a much-loved member of the gallery and a past president of the National Press Club. Rob Chalmers used to boast that he had outlasted 11 prime ministers; and a 12th, Julia Gillard described him as 'one of the greats' of Australian political journalism upon his passing. Rob Chalmers is survived by his wife Gloria and two children from a previous marriage, Susan and Rob jnr.

The Captive Republic

Author : Mark McKenna
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Full history of republican thought and activity in Australia. The essential work on Australian republicanism.

The High Court the Constitution and Australian Politics

Author : Rosalind Dixon
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This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.

The Australian Book of Atheism

Author : Warren Bonett
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Does the Anzac ethos have roots in atheism? Does prayer have a place in Parliament? Should ‘creation science’ be taught in Australian schools? Is atheism maligned in political debate? Will Australia’s future be godless? While prominent international thinkers have made significant contributions to the general conversation on belief and religion, Australians have been less heard. The Australian Book of Atheism is the first collection to explore atheism from an Australian viewpoint. Bringing together essays from 33 of the nation’s pre-eminent atheist, rationalist, humanist, and sceptical thinkers, it canvasses a range of opinions on religion and secularism in Australia. Including contributions from Michael Bachelard, Dr Leslie Cannold, Robyn Williams, Lyn Allison, Tim Minchin, and Dr Philip Nitschke, this is a diverse and entertaining collection of thoughts on a world without God.

Freedom of Interstate Trade Under the Australian Constitution

Author : Michael Coper
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People Power

Author : George Williams
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A full history of constitutional change in Australia, this analysis examines the nation's referendum record and explains why referendum approvals have been so rare. Including interviews with leading proponents for constitutional change as well as political cartoons and brochures from key campaigns, this account provides a thorough analysis of each referendum campaign, the public's response, and the forces that shaped the outcome.

A Federal Republic

Author : Brian Galligan
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This provocative book argues that Australia is already a federal republic rather than a constitutional monarchy. While the book does not deny the parliamentary and monarchic elements of the Australian system, it calls for a positive reassessment of the constitution. Brian Galligan forcefully argues that the Australian constitution has primacy over the other political institutions of the nation. The book considers fundamental issues such as the role of the Senate, the possibility of a bill of rights, the way in which the High Court fits into the current system, and the nature of intergovernmental relations. This book will overturn the orthodoxies of much informed opinion, and will challenge republicans and monarchists alike. Brian Galligan's unique perspective as a political scientist throws new light on many constitutional aspects of federalism and will stimulate wide debate.

Minutes of Proceedings and Official Record of Debates of the Australian Constitutional Convention Held at the Hotel Windsor Melbourne 24 26 September 1975

Author : Australia. Constitutional Convention
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Australian Constitutional Law and Theory

Author : Anthony Blackshield
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NOW UPDATED TO 2004 - see Supplements"This book is much more than a casebook. It contains a wide range of materials, including excerpts from a broad range of writers and commentators. The contents of the book do provide, as the authors claim in their preface, 'the materials and commentary needed to understand the doctrines and theories behind the law'.More than that, it contains materials relevant to many questions of general interest such as the role of the courts, the appointment and removal of judges and the republican debate, to mention but a few.... Indeed it is surprising how much the authors have succeeded in including in the book."Sir Anthony Mason AC KBE, former Chief Justice, High Court of Australia, reviewing a previous edition.There are many changes incorporated in this new 3rd edition, includes:All developments in the law since the last edition (for example, Egan v Willis, the Hindmarsh Island Bridge case, the Tampa case, Sue v Hill, Breckler, the cross-vesting cases and the latest case law and legislation in the migration area)New scholarly works as extracts (eg, from the new Goldsworthy book on The Sovereignty of Parliament) and listed in the further readinga new section on the Fiji crisisnew material on citizenshipan expanded chapter on Indigenous issues, including the latest on Mabo and native title and the work of the Council for Aboriginal ReconciliationMore material reflecting the interaction between international law and the ConstitutionRevamped sections on the drafting and creation of the Constitution and Federation though to popular sovereigntyUpdated material on the Republic debate and the reconciliation processNew chapters to take into account the above developments and a streamlining of existing chaptersa new section on constitutionalism and revolutions

Proceedings of the Australian Constitutional Convention

Author : Australia Constitutional Convention
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A Brief History of Australia

Author : Barbara A. West
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Taking a largely chronological approach, A Brief History of Australia looks at social, cultural, economic, and political trends in the country's long history, all of which have contributed to its unique and complex identity. Beginning with the peopling of the continent about 60,000 years ago, the volume examines the early history and culture of the Aboriginals, Australia's indigenous population and the oldest continuously surviving culture in the world. The volume continues with the first documented sighting of the landmass by a European in the 17th century and the colonial period in the 18th and 19th centuries. From the Federation of 1901 to the Liberal government of John Howard (1998-2007) and the Labor government of Kevin Rudd (2007-present), this new book explores Australia's relationship to the British Crown, environmental issues that plague the land, the rights of marginalized people, and the role of sports. Basic facts, a chronology, a bibliography, and a list of suggested reading make up the appendixes.

The 1967 Referendum

Author : Bain Attwood
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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.

From Whitlam to Fraser

Author : Allan Patience
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In the middle of the 1930s, Walt Disney undertook a long journey across Europe from which he returned with hundreds of illustrated books and engravings. A treasure trove that would be a major source of inspiration for his subsequent animated features. The film relates Walt Disney's artistic journey and the joyous clash between high culture and popular culture, in which Gustave Doré, Daumier and Rembrandt play peek-a-boo with Snow White, Pinocchio and the Sleeping Beauty.

Blackshield and Williams Australian Constitutional Law and Theory

Author : Anthony Blackshield
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The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarshy;ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.Also available is the new Abridged edition, click here for details.Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth.As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.Significant changes in this new edition include:A rewritten first chapter to provide a more accessible introduction to the subjectA rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and materialThe separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous PeoplesChanges to reflect legislative amendment in areas like citizenship lawRewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009New material on the defence power as it relates to terrorism and national securityNew material on the executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities