Responsible government and the Australian constitution : a government for a sovereign people / Benjamin B Saunders.

Format:

Book

Author/Creator:

Saunders, Benjamin B., author.

Series:

Hart Studies in Comparative Public Law Series

Language:

English

Subjects (All):

Ministerial responsibility.

Representative government and representation.

Constitutional law.

Australia--Politics and government.

Australia.

Physical Description:

1 online resource (271 pages)

Place of Publication:

Oxford, England : Hart Publishing, [2023]

Summary:

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'.

Contents:

Intro

Foreword by Justice Stephen Gageler

Acknowledgements

Contents

Abbreviations

Table of Cases

1. Introduction

I. Introduction

II. Responsible Government and the Constitution

III. The Argument of the Book

IV. History and Constitutional Interpretation

V. Political and Legal Constitutionalism

2. Responsible Government in the British Constitutional Tradition

II. From Prerogative to Party Government

III. The Nineteenth Century Theory of Responsible Government

IV. The British Constitution under Scrutiny

V. Conclusion

3. Responsible Government in the Australian Colonies

II. The Introduction of Responsible Government in the Colonies and its Transformation into a Party System

III. Colonial Conceptions of Responsible Government

IV. Australian Critiques of the Cabinet System and Emergence of Party Government

4. The Framers' Views: Conflict and Resolution

II. Relevant Aspects of the Federation Process

III. How the Framers Understood Responsible Government

IV. Challenges of Principle to Responsible Government

5. The Framers' Views: The Functioning of a Federal Commonwealth

II. How the Framers Expected the Constitution to Function

III. Assessing the Framers' Achievement

IV. Conclusion: The Framers' Intentions and Expectations

6. A Theory of Responsible Government under the Australian Constitution

II. Responsible Government and the Constitution: A Theory

III. Responsible Government and the Constitution: The Text

IV. Conclusion

7. Implications for the Interpretation of the Constitution

II. Interpreting the Constitution in the Light of History

III. Implications for Constitutional Law and Interpretation

IV. Conclusion.

8. Conclusion

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Other Format:

Print version: Saunders, Benjamin B. Responsible Government and the Australian Constitution

ISBN:

9781509955817

150995581X

9781509955800

1509955801