Caretaker Conventions in Australasia


Book Description

In the second revised edition of this monograph, Jennifer Menzies and Anne Tiernan capably chart the often hazardous terrain of the ‘caretaker period’ that ensues from the time an election is called until a new government is formed. This is a landscape fraught with political and administrative dangers – particularly for public servants who are required to ‘mind the shop’ and keep the basically machinery of government going. The conventions represent an historical accretion of custom, practice and rules, often leavened with uncertainty. In tackling their subject, Menzies and Tiernan draw upon their shared past experiences as public servants and ministerial ‘staffers’ as well as the highest standards of academic scholarship – this is a ‘must read’ for politicians, public servants and students of government. The second edition expands on the first edition by documenting recent controversies and trends which have had an impact on caretaker conventions. The analysis of the contemporary application of caretaker conventions has been updated and new case studies included – particularly from the last federal election. Also included is additional material about lengthy government formation after election day and the management of caretaker conventions during that time. The New Zealand material has been revised and updated.




The Oxford Handbook of the Australian Constitution


Book Description

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.




The Veiled Sceptre


Book Description

The extension to other Realms of the reserve power to refuse a dissolution




The Codes of the Constitution


Book Description

This book describes an astounding feat of constitutional writing and publication. For a number of decades, officials working across different branches of the United Kingdom (UK) constitution have been engaged in a series of separate projects. Taken in their totality, they amount to a vast enterprise. Yet, until now, no-one has fully recognised or critically analysed what has taken place. There has been a proliferation in the UK of publicly available codes, normally lacking a basis in statute, providing official accounts of a variety of different features of UK constitutional rules and principles. They cover institutions ranging from the Cabinet to the Civil Service to the judiciary, and relationships between entities such as central government and the devolved executives; and between the UK executive and the Westminster Parliament. Among them are prominent texts such as the Ministerial Code, the Cabinet Manual, the Guide to Judicial Conduct and the devolution Memorandum of Understanding – as well as more obscure documents that nonetheless contain important stipulations regarding the operation of the system. Similar developments have taken place in countries including Australia, Canada and New Zealand. The author explores the history of this phenomenon in the UK, how it functions today here and elsewhere in the Commonwealth, and its implications for the UK constitution.




Employment, Labour and Industrial Law in Australia


Book Description

Employment, Labour and Industrial Law in Australia provides a comprehensive, current and accessible resource for the undergraduate and Juris Doctor student. With a social and political background to the law, this text provides insightful legal analysis underscored by practical business experience, while exploring key principles through a close evaluation of laws and lively discussion of prominent cases. Recognising the multi-faceted nature of the subject, the authors have included content on employment, labour and industrial law in the one text, while also presenting critical topics not often dealt with, namely: • current and in-depth analysis of trade union regulation • public work including the public sector, the judiciary and academics • workplace health and safety including worker's compensation, bullying, anti-discrimination and taxation • emerging issues including topics such as transnational and international employment law, migration and employment, as well as volunteers and work experience. To maintain currency within this rapidly changing area of law, the text has a website which will include updates for any major developments in the field as well as responses to end-of-chapter questions. Written by respected academics and practicing lawyers in the field, this book is a relevant and contemporary guide to this fascinating area of law.




Inside the Campaign


Book Description

Political leaders are the public face of a party during an election campaign. But what type of work is conducted behind the scenes by lesser-known party members attempting to propel their leaders to victory at the federal level in Canada? Inside the Campaign is a behind-the-scenes look at the people involved in an election campaign and the work they do. Each chapter reveals how campaign staffers, as well as by those covering and organizing election-related events, perform their duties and overcome obstacles during the heat of a campaign to get their respective leaders elected. Practitioners and political scientists collaborate to present real-world insights that demystify over a dozen occupations, including campaign chairs, fundraisers, advertisers, platform designers, communication personnel, election administrators, political staff, journalists, and pollsters. Inside the Campaign provides an inside look at, and unparalleled understanding of, the nuts and bolts of running a federal campaign in Canada.




The Queen's Other Realms


Book Description

Canada, Australia and New Zealand inherited and adapted a monarchical framework of government, even in the absence of a resident monarch. Although steady transfer of the royal prerogative to a popularly elected executive has enabled these three former dominions to be sometimes described as "crowned republics" or "disguised republics", there was no popular drive to abandon monarchy until the 1990s, and even then the republican cause was based largely on issues of symbolism and national identity than on perceived core weaknesses in the political system. This book traces the long and sometimes subtle process of localising monarchy in the vice-regal office from the mid-twentieth century onwards, and compares the powers and functions of the Queen's surrogates with each other and with those of the monarch herself, including their recourse to the so-called "reserve powers". Among the key questions posed in this comparative study are: Can the current monarchical system be refined to the point of countering republican sentiment? Why has the republican argument gained more momentum in Australia than in Canada or New Zealand? Can a republican model retain residual monarchic elements? What is likely to be the lasting legacy of the Crown in these three strikingly similar political cultures? The author's underlying loyalties are neither firmly monarchist nor firmly republican. He is convinced, however, that the combined effects of a strong sense of national identity and an increasingly presidential style of political leadership within these three Westminster-derived systems make it difficult for contemporary governors-general (or their state and provincial colleagues)to fulfil two of their key roles-to unite and inspire the people on the one hand and to be a credible constitutional watchdog on the other.




Parliamentary Practice in New Zealand


Book Description

Parliamentary Practice in New Zealand provides a detailed description of New Zealand’s parliamentary practice. It is an authoritative text for use by members of Parliament, public servants, academics, parliamentary officers and other working professionals who have an interest in Parliament, such as the legal profession. This fourth edition incorporates a decade of developments since the third edition in 2005, and reflects many significant changes in parliamentary law, practice and procedure, including: the Parliamentary Privilege Act 2014 how the House and its committees conduct legislative and financial scrutiny the use of extended sittings by the House the increased role of the Business Committee to manage the transaction of parliamentary business how the work of the House and its committees is communicated to the public. This new edition features an attractive design and accessible structure, with extensive indexing and references.




Constitutional Conventions in Westminster Systems


Book Description

Constitutional conventions precede law and make law making possible, but attempting to define them is politically risky yet increasingly necessary.




Parliamentary Government in Australia


Book Description

Alan J. Ward combines constitutional history and political science to compare all nine of Australia’s political systems, federal, state and territorial, from colonial times to the present. Guided by a model of parliamentary government drawn from comparative politics, he considers the following key topics: the selection of the government, the prime minister and cabinet; government control of the lower house; the primacy of the lower house in bicameral systems; the head of state; the influence of Australian federalism on parliamentary government; and the growth of executive democracy in Australia. Ultimately, Ward argues that as only one of Australia’s nine constitutions accurately describes parliamentary government as practiced in the country, it is a democratic imperative that the other eight be rewritten.