The Constitution of New South Wales


Book Description

Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.




Panopticon versus New South Wales and other writings on Australia


Book Description

The present edition of Panopticon versus New South Wales and other writings on Australia consists of fragmentary comments headed ‘New Wales’, dating from 1791; a compilation of material sent to William Wilberforce in August 1802; three ‘Letters to Lord Pelham’ and ‘A Plea for the Constitution’, written in 1802–3; and ‘Colonization Company Proposal’, written in August 1831, the majority of which is published here for the first time. These writings, with the exception of ‘Colonization Company Proposal’, are intimately linked with Bentham’s panopticon penitentiary scheme, which he regarded as an immeasurably superior alternative to criminal transportation, the prison hulks, and English gaols in terms of its effectiveness in achieving the ends of punishment. He argued, moreover, that there was no adequate legal basis for the authority exercised by the Governor of New South Wales. In contrast to his opposition to New South Wales, Bentham later composed ‘Colonization Company Proposal’ in support of a scheme proposed by the National Colonization Society to establish a colony of free settlers in southern Australia. He advocated the ‘vicinity-maximizing principle’, whereby plots of land would be sold in an orderly fashion radiating from the main settlement, and suggested that, within a few years, the government of the colony should be transformed into a representative democracy.







The Constitution of the Commonwealth of Australia


Book Description

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




The High Court, the Constitution and Australian Politics


Book Description

The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.




New South Wales Legislative Council Practice


Book Description

This first edition of New South Wales Legislative Council Practice brings together the history, practice and procedure of the New South Wales Legislative Council - the Upper House of the New South Wales Parliament, and the first and oldest legislative body in Australia.Since the advent of responsible government in New South Wales in 1856, the New South Wales Legislative Council has been the focus of continuous struggle regarding its composition, powers, role and very existence. However, from its tumultuous history, the Council has in recent years emerged as a democratically elected, powerful and effective upper house, in many ways mirroring the development of the Australian Senate. Today the Council performs key functions within the New South Wales system of government including representing the people and scrutinising the executive government as a 'House of Review'.The rich history of the New South Wales Legislative Council has brought with it a wealth of parliamentary precedent with which to guide modern practice and procedures in the House. While practitioners of parliamentary law and practice in New South Wales have long had access to authorities such as Erskine May's Parliamentary Practice and Odgers' Australian Senate Practice, the publication of New South Wales Legislative Council Practice will provide an essential reference book to understanding parliamentary privilege, practice and procedure in the New South Wales Upper House.




The Constitution of the Australian Capital Territory


Book Description

The Constitution of the Australian Capital Territory provides a detailed reference work for those who need to understand the constitutional arrangements that exist for the government of the Australian Capital Territory. It provides an outline and explanation of the Commonwealth laws which make up the constitution of the Australian Capital Territory, most importantly the Australian Capital Territory (Self-Government) Act 1988 (Cth). The book also covers: the establishment of the Territory and the history of its government since 1911; a detailed examination of the Commonwealths constitutional power to make laws for the government of the Territory and the extent to which the power in s. 122 of the Constitution is qualified by other provisions of the Constitution; the granting of self-government in 1989; the constitutional framework for the Legislative Assembly and the power of the Assembly to make laws and the scope of executive and judicial power in the Territory, and the division of responsibilities for land management in the Territory between the Commonwealth and Territory governments.--




Australian Constitutional Landmarks


Book Description

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.




Australian Constitutional Law and Theory


Book Description

The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.







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