Australian constitutional landmarks / edited by H.P. Lee, George Winterton.

Format:

Book

Contributor:

Lee, H. P., 1947- editor.

Winterton, George, 1946- editor.

Language:

English

Subjects (All):

Constitutional law--Australia.

Constitutional law.

Constitutional history--Australia.

Constitutional history.

Australia--Politics and government.

Australia.

Physical Description:

1 online resource (xxxvii, 428 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2003.

Language Note:

English

Summary:

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.

Contents:

Cover; Title; Copyright; Contents; List of Cases; List of Commonwealth Constitution Provisions; List of Statutes; List of Contributors; Preface; Introduction: The Commonwealth's Constitutional Century; 1 The Emergence of the Commonwealth Constitution; Crises and controversies; Early attempts at federation; The Federal Council and the Federal movement; 1890 Melbourne and 1891 Sydney; The federal revival; The imperial connection; Acts of omission; Conclusion; Notes; 2 The Engineers Case; Intergovernmental immunity; The Case Stated; The case; Themes; The proper rules of construction

Intergovernmental immunitiesReserved State powers doctrine; The relationship between a court of review and Parliament; The role of extra-legal considerations in constitutional interpretation; Why Engineers remains a classic; Notes; 3 The Uniform Income Tax Cases; Context; Fiscal federalism; Evolution of the Uniform Income Tax Scheme; The Challenge and the Outcome: 1942; Re-run: 1957; Legal issues; Problems for the plaintiffs; First case103; Second case134; Aftermath; Federalism; Doctrine and method; Notes

4 The Bank Nationalisation Cases: The Defeat of Labor's Most Controversial Economic InitiativeThe background and evolution of the challenged legislative provisions; The central provisions of the Banking Act 1947; The submissions of the parties; The contestants' arguments and forensic strategies; The High Court's decision88; The Privy Council sequel; Evaluation of the Bank Nationalisation cases; The captains and the kings depart; Notes; 5 The Communist Party Case; Before the ban; The Communist Party Dissolution Act 1950; The Communist Party case; The significance of the case; Conclusion; Notes

6 Fitzpatrick and Browne: Imprisonment by a House of ParliamentThe constitutional basis; The case in the House; The case in the High Court; Changes to the law; A High Court revisit?; A parliamentary revisit?; Future cases; Notes; 7 The Boilermakers Case; Early development of the separation of powers; Political background to the Boilermakers case; The decision of the High Court; The majority judgment; The dissenting judgments; The impact of the Boilermakers case; On industrial arbitration; On constitutional law; Conclusion; Notes; 8 The Race Power: A Constitutional Chimera

Genesis of the race powerThe race power in the first sixty-six years; Constructional Issues in the Race Power; 'Race'; 'Special'; 'Necessary'; 'For'; The Koowarta Case; The Tasmanian Dam Case; The Native Title Act case; The Kartinyeri Case; General Propositions Relating to the Race Power; General Conclusions; Notes; 9 The Double Dissolution Cases; Section 57; History; The 1914 double dissolution and the debate over the nature of the Governor-General's power; The 1974 double dissolution; Cormack v Cope; The PMA case; The Territory Senators case; Unresolved aspects of s. 57

The powers of the Governor-General

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-14850-2

1-283-29546-6

9786613295460

1-139-12194-4

1-139-11620-7

1-139-10694-5

1-139-11403-4

1-139-12686-5

1-139-11184-1

OCLC:

769341773