[PDF] Responsible Government And The Australian Constitution eBook

Author : Benjamin B Saunders
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 48,27 MB
Release : 2023-06-15
Category : Law
ISBN : 150995581X

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This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.

Author : Nicholas Aroney
Publisher : Cambridge University Press
Page : 697 pages
File Size : 11,84 MB
Release : 2015-11-26
Category : Law
ISBN : 1316276775

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The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

Author : Nicholas Aroney
Publisher : Cambridge University Press
Page : 697 pages
File Size : 21,69 MB
Release : 2015-09-11
Category : Law
ISBN : 0521759188

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This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.

Author : Geoffrey Lindell
Publisher :
Page : 26 pages
File Size : 24,95 MB
Release : 2004
Category : Law
ISBN : 9781862875074

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The effect of the implications drawn by the High Court from the system of representative government provided in the Australian Constitution, in the light of such cases as Australian Capital Television Pty Ltd v Commonwealth and Lange v Australian Broadcasting Corporation, is well known. In this paper Professor Lindell discusses an aspect of those cases which has received less attention: the effect of the implications drawn by the Court from a particular kind of representative government, namely the system of responsible government which is also provided for in the Constitution. In particular, the paper focuses on the extent to which the rules of responsible government have now become judicially enforceable. The paper explores how the world would look if that concept were judicially enforceable. That is the position with the British Commonwealth countries that received their independence after World War II where some of the rules of responsible government were accorded express constitutional recognition.

Author : Cheryl Saunders
Publisher : Federation Press
Page : 236 pages
File Size : 44,10 MB
Release : 2003
Category : History
ISBN : 9781862874688

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How do Australians have a say in their government?Who makes decisions in government and how?What limits are there on the powers of the Commonwealth and State governments? Fundamental issues which go to the heart of Australian democracy and provide the themes in this book.Writing with great insight and clarity, wearing her renowned scholarship lightly, Saunders enables all Australians to take an informed part in the current debates. She outlines how the Constitution can be altered and many of the issues which affect all Australians.Saunders describes:how the Senate and House of Representatives workhow much power the Prime Minister really haswhy the High Court is so importantthe role of the Governor-Generalwho decides how to spend taxeshow State and Commonwealth Governments work togetherThe book also contains a full copy of the Australian Constitution.

Author : Stanley Bach
Publisher : Department of Senate Parliament House
Page : 389 pages
File Size : 43,27 MB
Release : 2003-01-01
Category : Australia
ISBN : 9780642712912

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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.

Author : Glenn Patmore
Publisher : ANU Press
Page : 183 pages
File Size : 48,59 MB
Release : 2014-12-24
Category : Law
ISBN : 1925022064

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Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.