McCawley and Trethowan. Volume 1, McCawley : the chaos of politics and the integrity of law / Ian Loveland.

Format:

Book

Author/Creator:

Loveland, Ian, author.

Language:

English

Subjects (All):

McCawley, Thomas William, 1881-1925.

McCawley, Thomas William.

Constitutional history--Australia--Queensland.

Constitutional history.

Constitutional history--Australia--New South Wales.

Queensland--Politics and government.

Queensland.

New South Wales--Politics and government.

New South Wales.

Physical Description:

1 online resource (385 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Other Title:

McCawley

Place of Publication:

London [England] : Hart Publishing, 2021

Language Note:

In English.

Summary:

In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.

Contents:

Acknowledgements

Preface

Table of cases

Table of legislation

1. Constituting New South Wales 1823-1850

2. Constituting New South Wales - and Queensland - 1850-1859

3. The Colonial Laws Validity Act 1865 - I: Origins

4. The Colonial Laws Validity Act 1865

II: Policy (?) and Text 5. 'Constitutional' Developments in New South Wales and Queensland 1865-1900

6. Australian Confederation

7. Constitutional Controversy in Queensland: Kidston and Cooper

8. Constitutional Controversy in Queensland: Ryan and Taylor

9. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley - in the Queensland Courts

10. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley - in the High Court

11. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley - before the Privy Council

Bibliography

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509927128

1509927123

9781509927135

1509927131

1-5099-2714-X

OCLC:

1238133827