David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General’s 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defence of the Founders original understanding as the object of constitutional construction.

American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation. The new edition offers: _ Updated and expanded treatment of key cases on gerrymandering and campaign finance _ Expanded discussion of the Court's work federalism and the commerce clause _ Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law _ An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages _ An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence _ Full coverage of new developments and cases concerning affirmative action and school desegregation

This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

With our nation divided and our Constitution and rights under daily siege, now is the time to understand the ‘why’ and the ‘how’ of the system of rights and government established by the Constitution. Preventing tyranny was key in creating the new system. No tyrants, no despots: instead, a system of rights, separate powers, checks and balances.Why and how did Americans conceive a republic built on individual liberty, in an era of oppressive monarchies? The book is concise and to the point. The author tells the story of how the founding charters of the American colonies contained the seeds of American rebellion in the 1760s and 1770s; and of how partial independence as British colonies, the innovations in the first American constitutions (the State constitutions), and the failure of the States’ first attempt to federate, all influenced the Framers in drafting the final Constitution.The book also describes how the American Revolution was shaped by the English revolutions of the 1600s, which led to a new English constitution, under which Parliament and the English people had many powers and rights which superseded the King’s.

Government and Politics in Australia 10e is the comprehensive and scholarly political science text that provides thorough and accessible content written by authorities in the field. Now in its 10th edition, Government and Politics in Australia continues to provide students with a research-based, in-depth contemporary introduction to the Australian political system. A strengthened focus on government and politics ensures that this classic text remains the most comprehensive and authoritative guide to the structure and institutions of Australian government, as well as political parties, representation, interest groups and the role of the media in Australian politics. The 10th edition has been thoroughly revised and updated by experts in the field led by a new editor team and includes a completely new chapter on Australia in the world.

Research reports and papers prepared for the Commission as part of its research program. The Commission's official conclusions and recommendations are fully presented in: Report of the National Commission on Judicial Discipline and Removal, submitted August 2, 1993.

Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.

An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.

This book describes how ideas about federalism influenced those who drafted the Australian Constitution.

In his critical study of Australian imperialism, Erik Paul analyses the making, character and contours of the geopolitical state from the time of the British invasion and colonisation to the present, expanding the country’s continental political and economic power. War is the crucible for its hegemonic power, nationalism, and politics. The book exposes and dissects capitalist imperialism to control and manage a growing population and to impose the grand strategy of a US client state. The geopolitics in the partitioning of the earth and the exploitation of people and the biosphere continue to create major conflict, inequality, and human suffering. Australia plays an important role in the intensification of the struggle among major powers and in the outcome of an expanding global ecological and hegemonic crisis. But the existing Australian state of exception constitutes a major obstacle to a reconciliation with China and to a peaceful regional and world order.