Academic literature on the topic 'Australian constitutional law'
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Journal articles on the topic "Australian constitutional law"
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Dziedzic, Anna, and Mark McMillan. "Australian Indigenous Constitutions: Recognition and Renewal." Federal Law Review 44, no. 3 (September 2016): 337–61. http://dx.doi.org/10.1177/0067205x1604400301.
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The Anglo-Australian legal system has not readily recognised Indigenous constitutions. The absence of such recognition does not, however, deny that Australia's Indigenous nations have had constitutions for thousands of years and continue to do so. In this article, we explain how Indigenous laws, institutions and systems of authority are constitutional. Using the constitutions of the Gunditjmara peoples and Ngarrindjeri nation as examples, we identify three dimensions of Indigenous constitutions in Australia: first, the foundation of Indigenous constitutions in the continuing and inherent authority of Indigenous nations; secondly constitutional features deriving from Indigenous law; and thirdly the use in Indigenous constitutions of institutions and processes that also have status under Australian law. We suggest that this new understanding of Indigenous constitutions provides a basis for contributing to current efforts in Indigenous constitution-making and to the development of a more inclusive understanding of the Australian constitutional system.
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Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (December 1, 2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.
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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is<br />unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however,<br />important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for<br />reform; specifically how a federal bill of rights may address the paucity of constitutional protection.</p>
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Winterton, George. "Extra-Constitutional Notions in Australian Constitutional Law." Federal Law Review 16, no. 3 (September 1986): 223–39. http://dx.doi.org/10.1177/0067205x8601600301.
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Kiefel, Susan, and Gonzalo Villalta Puig. "The Constitutionalisation of Free Trade by the High Court of Australia and the Court of Justice of the European Union." Global Journal of Comparative Law 3, no. 1 (May 29, 2014): 34–49. http://dx.doi.org/10.1163/2211906x-00301002.
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Together with matters of multilateral and bilateral regulation, domestic regulation affects the law and policy of economic relations between the European Union (eu) and Australia. This article discusses the constitutional determinants of the Australian single market and the significance to its development of the free trade jurisprudence of the Court of Justice of the European Union. When Australia was federated, free trade between the States and the removal of barriers at the borders were at the forefront of constitutional objectives. They find expression in Section 92 of the Australian Constitution. It took some time for the jurisprudence to develop by reference to principles of competition. Recent decisions of the High Court of Australia highlight the need to prove that a law or measure may have anti-competitive effects within a market to hold it invalid. Application of this (unacknowledged) test of proportionality invites comparison with eu law and opens to question the usefulness of protectionism as a criterion of constitutional invalidity for trade without borders in the ‘new economy’.
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Meagher, Dan. "The judicial evolution (or counter-revolution) of fundamental rights protection in Australia." Alternative Law Journal 42, no. 1 (March 2017): 9–13. http://dx.doi.org/10.1177/1037969x17694785.
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This article suggests that the decision of the framers of the Australian Constitution to consciously reject American notions of formal rights guarantees has not, ultimately, proven decisive. In the absence of a constitutional (or statutory) bill of rights, the High Court has filled the lacuna in formal rights protection in Australia. The emergence of new species of (constitutionally valid) legislation, openly hostile to fundamental rights, has sparked this judicial evolution (or counter-revolution). The Court has used the method of clear statement required by the principle of legality to construct a common law bill of rights that is now, arguably, quasi-constitutional in strength.
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Saunders, Cheryl. "Australian Federalism and the Role of the Governor-General." International Journal of Legal Information 28, no. 2 (2000): 407–23. http://dx.doi.org/10.1017/s0731126500009185.
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Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian independence.
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Kirby, Michael. "Are We All Nominalists Now?" Deakin Law Review 9, no. 2 (November 1, 2004): 524–32. http://dx.doi.org/10.21153/dlr2004vol9no2art254.
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Justice Michael Kirby, a judge of the High Court of Australia, sets out to explain the inescapably creative role involved in the work of the court in giving meaning to ambiguous constitutional and statutory words and common law concepts. Uninformed commentators might call judges performing such functions as "nominalists". But few, if any, Australian judges now adhere to constitutional interpretation according to notions of original intent. A "functional" approach is taken. This approach is illustrated by reference to recent cases on the word "alien" and the phrase "trial by jury" in the Australian Constitution. According to the author this is not a weakness but a strength of constitutional elaboration. Judges and lawyers, being concerned about justice under law, are never "on automatic pilot".
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Morris, Shireen. "Love in the High Court: Implications for Indigenous Constitutional Recognition." Federal Law Review 49, no. 3 (May 24, 2021): 410–37. http://dx.doi.org/10.1177/0067205x211016584.
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This article considers implications of the recent Love decision in the High Court for the debate about Indigenous constitutional recognition and a First Nations constitutional voice. Conceptually, it considers how the differing judgments reconcile the sui generis position of Indigenous peoples under Australian law with the theoretical ideal of equality—concepts which are in tension both in the judicial reasoning and in constitutional recognition debates. It also discusses the judgments’ limited findings on Indigenous sovereignty, demonstrating the extent to which this is predominantly a political question that cannot be adequately resolved by courts. Surviving First Nations sovereignty can best be recognised and peacefully reconciled with Australian state sovereignty through constitutional reform authorised by Parliament and the people. The article then discusses political ramifications. It argues that allegations of judicial activism enlivened by this case, rather than demonstrating the risks of a First Nations voice, in fact illustrate the foresight of the proposal: a First Nations voice was specifically designed to be non-justiciable and therefore intended to address such concerns. Similarly, objections that this case introduced a new, race-based distinction into the Constitution are misplaced. Such race-based distinctions already exist in the Constitution’s text and operation. The article then briefly offers high-level policy suggestions addressing two practical issues arising from Love. With respect to the three-part test of Indigenous identity, it suggests a First Nations voice should avoid the unjustly onerous burdens of proof that are perpetuated in some of the reasoning in Love. It also proposes policy incentives to encourage Indigenous non-citizens resident in Australia to seek Australian citizenship, helping to prevent threats of deportation like those faced by Love and Thoms.
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Manderson, Desmond. "The Big Picture: Imagining the Constitution." Federal Law Review 49, no. 2 (February 18, 2021): 303–23. http://dx.doi.org/10.1177/0067205x21993150.
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In Australia, a technocratic minimalist approach to constitutional interpretation leaves little space for what has recently been described as a ‘democratic’ or ‘social’ ‘constitutional imaginary’. The ‘big picture’ of what a constitution is, and why it matters, is systematically reduced to a ‘strict and complete legalism’ that shows little interest in the social and cultural functions of a constitution in the modern world. The ‘dual citizenship’ cases (2017–18), concerning s 44 of the Australian Constitution, provide an exceptional case study. The High Court of Australia’s narrow positivism shielded it from criticism, but at a high cost to Australia’s democratic and social fabric. This article argues that, at a time when the rule of law and the public sphere is under threat as never before, we can and should expect more of our peak legal institutions. A constitutional court without a broader commitment to constitutionalism imperils the legitimacy of the whole constitutional order and of the public sphere.
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Corrin, Jennifer. "Australia: Country Report on Human Rights." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 37. http://dx.doi.org/10.26686/vuwlr.v40i1.5378.
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This article provides a country report on the status of human rights in Australia. Human rights law in Australia is embodied in three sources: constitutional provisions, federal, state and territorial legislation, and the common law. However, the author notes that Australia has not embraced the 'rights revolution' seen elsewhere around the world as it does not have a constitutionally enshrined charter of human rights. This status of human rights under Australian law reflects the nation's conservative approach to constitutional law reform, and it is argued that the above sources of human rights law do not provide a comprehensive regime for the protection of human rights in Australia. However, several states have proved that popular support for human rights protection is a political possibility, which shows cautious optimism for the future of human rights laws in Australia.
Dissertations / Theses on the topic "Australian constitutional law"
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Lynch, Andrew Law Faculty of Law UNSW. "The impact of dissenting opinions upon the development of Australian constitutional law." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/21996.
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This thesis aims to assess the role played by disagreement in the High Court???s constitutional law decisions. It does so firstly by considering the theoretical arguments in favour of allowing expression of dissent and those which urge judicial restraint and observance of precedential values. The tensions between change and conformity, and also the individual and institutional aspects of adjudication, intersect when the Court divides. The complex nature of disagreement on a multimember judicial body is further examined in the context of devising an empirical methodology for the quantification of dissent on the High Court. The thesis selects a period of a little over twenty years for detailed examination. Within that timeframe, it measures the prevalence and nature of disagreement amongst the Justices of the Court, with particular emphasis upon constitutional cases. From these results, various streams of opinion are examined for subsequent significance. In particular, the thesis contrasts the practice of persistent dissent from the Court???s approach to an issue, with those occasions when a minority Justice yields to the demands of stare decisis. The impact of dissent upon the development of the Court???s constitutional interpretation is evaluated. Although the study finds that direct reversals in the law in favour of an earlier dissent occur very rarely, it argues that dissents may still exercise a powerful influence on the Court???s pronouncements. The contribution which minority opinions make to judicial deliberation is to inevitably alter the context of the Court???s decision. Consideration of two specific case studies illustrates that this may result in the law taking a more moderate path or may actually lead to greater efforts by a majority to strengthen the cogency of its approach. In either scenario, dissent plays a far more subtle role than suggested by the myth of a ???Great Dissenter??? and the dramatic redemption of his or her lone opinions. To only assess the value of dissenting judgments against that standard is to fail to appreciate the true nature of their influence in many cases and their importance to the work of the High Court.
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Daley, John C. "The bases for the authority of the Australian Constitution." Thesis, University of Oxford, 1999. http://ora.ox.ac.uk/objects/uuid:1abc8957-647a-4652-bf9e-950c0d8be7c6.
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What are the possible bases for the authority of the Australian Constitution? Why should people and judges ever obey the text of the Constitution? The developing tools of analytical jurisprudence assist in answering these questions. Despite its currency, the concept of "sovereignty" provides little assistance in understanding how law provides reasons for action. The concept of authority is more useful. The text of the Australian Constitution has authority in that it provides presumptive reasons for action, overruled when they appear sufficiently erroneous on a cursory examination. The Constitution is part of the Australian legal system. A legal system is normally identified partly by moral norms. These moral norms themselves require that legal systems also be identified where possible by reference to the directives of a previous de facto authority - even when that previous authority no longer has power to make new legal norms. A legal system will be "legitimate" if any improvement to be achieved by revolution would be outweighed by the uncertainty revolution creates. Against this theoretical background, various theories about the Constitution's authority can be assessed. Although the enactment of the Constitution by the Imperial Parliament provides the Constitution with legal authority, it does not confer moral legitimacy. Contrary to a growing judicial and academic consensus in Australia, the Constitution's legitimate authority is not derived from the "will of the people". Nor is it derived from the Constitution's Founders. The will of the people cannot be identified reliably, and wound not provide sufficient reasons for action. The Constitution does embody a federal compact between the colonies. Because it is worthwhile to keep political promises, the polities of the States should fulfil this compact, even though the compact only imposes weak obligations on the Commonwealth. Other possible bases for the Constitution's authority are also inadequate. These include claims that judges are bound to apply the Constitution because their authority is based upon it; that the Constitution embodies "associate obligations", and that the Constitution isa commitment to protect individual rights and democracy. Instead the Constitution has legitimate authority principally because it coordinates individual action towards desirable goals. The Australian Constitution settles the location of authority by authority.
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Spagnolo, Benjamin James. "Kelsen and Raz on the continuity of legal systems : applying the accounts in an Australian context." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a9025e33-e70e-49e9-994f-52f8daa311fd.
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This thesis has three objectives. Its primary objective is to examine, and critically evaluate, the theoretical accounts offered by Hans Kelsen and Joseph Raz to explain the temporal continuity and discontinuity of legal systems. In particular, it evaluates the explanatory power of those accounts by combining an abstract analysis of the accounts in principle and an evaluation based on systematically applying them to one concrete, historically circumstanced instance: the legal systems of British derivation in Australia between 1788 and 2001. The thesis thus tests each account’s factual fit: how adequately it corresponds to, accords with, and persuasively makes sense of, the facts – including complex social facts, attitudes and normative standards – for which it purports to offer an account. Second, the thesis aims to demonstrate, more generally, the utility of applying theoretical accounts to a particular historical instance to complement abstract analysis. Third, the thesis aims to advance the understanding of the evolution of Australian legal systems between 1788 and 2001. These three objectives are achieved through the critical exposition and reconstruction of the accounts, their development and enrichment where refinement is appropriate, their application to the specific context of Australia and their evaluation, individually and in comparison.
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Scott, Guy. "Resisting liberalism : social democracy and the Australian constitution /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19282.pdf.
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Hopper, Alvin W. L., and n/a. "A critical examination of Australian constitutional law relating to territories and to places acquired by the Commonwealth (including a comparison with United States Law)." University of Canberra. Law, 2005. http://erl.canberra.edu.au./public/adt-AUC20060427.091040.
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This thesis examines the constitutional position in relation to those geographical areas over
which the Commonwealth has sole power. These are the Territories, and Commonwealth
places (over which, however, the States may retain some vestigial power). The thesis seeks to
give a comprehensive account of the constitutional law concerning these heads of power.
The thesis traces the tortuous history of the case law on the Territories, with its many
instances of inconsistent decisions and dicta. In the words of a High Court Judge, Sir Douglas
Menzies, the cases have "not resulted in a coherent body of doctrine". The problems have
been particularly acute in regard to the exercise of judicial power, and they are compounded
by the silence of the Constitution on some major issues concerning the Territories, such as the
relationship between the 'Territories' power and the Constitution as a whole.
The thesis' main contention is that, contrary to predominant doctrine, the constitutional
position of the Territories and of Commonwealth places is federal, not 'disparate'. In this
connection, several tenets are advanced: first, that the Constitution must be interpreted as a
whole�that is, as a single instrument; secondly, that the Territories are an integral part of
Australia, and their inhabitants, while not enjoying all the constitutional benefits of State
residents, are full members of the Australian community; and thirdly, that there is no
constitutional distinction to be drawn between different classes of Territory�thus, despite
some contrary suggestions, there is no distinction between 'internal' and 'external' Territories
or between Territories acquired from the States and Territories otherwise acquired.
The thesis explores the particular difficulties, notably in the judicial sphere, that arise from
the relevant case law, and it critically examines the cases against the text of the Constitution,
as well as against the yardstick of those tenets. With regard to the Territories, the thesis
analyses the constitutional topics of executive power and self-government. It considers
particular issues concerning each of the three self-governing Territories, including the special
status of the Australian Capital Territory as the federal "seat of government".
In addition, the thesis looks at the constitutional position in the United States concerning
Territories, federal enclaves and the American seat of government (the District of Columbia).
The thesis draws a comparison between the American position and the corresponding position
in Australia, and it critically considers the judicial interpretation, in both countries, of the
constitutional grant to the federal legislature of exclusive, or sole, power over such
geographical areas. This process assists an evaluation of the Australian position.
The thesis concludes that, in some respects, the Australian case law has gone seriously astray,
especially in treating the 'Territories' power as more or less separate from the rest of the
Constitution. This judicial approach has led to a convoluted and confusing situation. Despite a
degree of amelioration as a result of some more recent cases, the corrective process is by no
means complete. The courts are hampered in their development of a "coherent body of
doctrine" by the random way in which cases come before them, and it is unlikely that the
position can be fully retrieved solely by judicial decisions. The thesis therefore proposes
various reforms, and it sets out, in an appendix, proposed amendments of the Constitution.
In addition to expounding and criticising the case law on the constitutional topics under
discussion, the thesis reviews and, where appropriate, cites from the relevant legal literature.
The thesis considers the Australian case law as decided down to the end of 2004.
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Kenny, Susan Coralie. "Constitutional facts and their judicial ascertainment in the United States Supreme Court with a comparative reference to the practice of the Australian High Court." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670340.
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Aroney, Nicholas Theodore 1966. "The Federal Commonwealth of Australia : a study in the formation of its constitution." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8864.
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Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.
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Hilly, Laura Ellen. "Experienced justice : gender, judging and appellate courts." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d3f64853-898a-4c01-a17e-819d6a095f52.
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The under-representation of women in the senior appellate judiciary in common law jurisdictions remains an enduring problem. Much has been written about the lack of women’s participation in the judiciary and what strategies, if any, should be undertaken in order to resolve this persistent problem. However, this thesis takes a step back to ask a broader question: what impact does gender diversity have upon judicial decision making in appellate courts? It seeks to answer this question by engaging feminist standpoint theory to assess the experiences of men and women judges from three common law jurisdictions: England, South Africa and Australia. Through a series of interviews conducted with members of the senior judiciary in these jurisdictions in 2012 and 2013, this thesis explores the extent that interviewees consider that gendered experiences impact upon their own judging, and judging within the dynamics of collegiate appellate courts. This thesis concludes that while it is not possible to pinpoint one particular ‘contribution’ or ‘impact’ that gendered experiences have upon judging, it is nonetheless generally considered by those interviewed to be an important part of the judicial decision making process in several subtle, yet important, ways. Because of the considerable role that diverse gendered experiences play in judicial decision making, appointments processes should be sensitised to the need for diversity of experience and alive to the danger of ostensibly neutral appointment criteria devaluing diverse experiences, particularly the experiences of women in the law.
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Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.
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This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.
Books on the topic "Australian constitutional law"
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Isaac, Fajgenbaum Jacob, ed. Australian constitutional law. 3rd ed. Sydney: Butterworths, 1985.
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Australia, ed. Australian federal constitutional law. 3rd ed. Sydney: Law Book Co., 1985.
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Clark, A. Inglis. Studies in Australian constitutional law. Sydney: Legal Books, 1997.
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Principles of Australian constitutional law. 3rd ed. Chatswood, N.S.W: LexisNexis Butterworths, 2010.
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Australian constitutional law: Foundations and theory. South Melbourne: Oxford University Press, 2002.
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Sawer, Geoffrey. The Australian constitution. 2nd ed. Canberra: Australian Government Publishing Service, 1988.
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Sawer, Geoffrey. The Australian Constitution. 2nd ed. Canberra: Australian Govt. Pub. Service, 1988.
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Lane, P. H. A manual of Australian constitutional law. 4th ed. Sydney: Law Book Company, 1987.
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Ratnapala, Suri. Australian constitutional law: Foundations and theory. 3rd ed. South Melbourne, Vic: Oxford University Press, 2012.
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Hanks, Peter John. Australian constitutional law: Materials and commentary. 5th ed. Sydney: Butterworths, 1994.
Find full textBook chapters on the topic "Australian constitutional law"
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Clarke, Philip H. "Curbing the Abuse of a Dominant Position Through Unfair Contract Terms Legislation: Australian and UK Comparison." In The Constitutional Dimension of Contract Law, 185–216. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-49843-0_7.
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Hill, Lisa, Max Douglass, and Ravi Baltutis. "Why Australia Is a Great Place to Start: The Implied Freedom of Political Communication and TIPA Laws." In How and Why to Regulate False Political Advertising in Australia, 45–56. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_5.
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AbstractIn this chapter we show that the Australian constitutional and jurisprudential approach to political speech, as embodied in the implied freedom of political communication, makes Australia a uniquely congenial setting for TIPA laws and the type of burden they place on political speech. This is reflected in a range of High Court decisions as well as the fact that the Supreme Court of South Australia has upheld the constitutionality of the South Australian TIPA law based on Australian implied freedom of communication jurisprudence. Our exploration of these decisions and their broader context throws light on how such a freedom is supposed to work and is constituted. Notably, the Courts have achieved a balance in the ‘freedom-fairness’ trade-off, and indicated that they consider TIPA laws, in constraining some political speech, as tipping the scales towards ‘fairness’ without at the same time unduly impacting freedom. We end the chapter by summarising our argument so far.
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Musgrave, Thomas D. "Constitutional Law and Secession in Australia." In The Routledge Handbook of Self-Determination and Secession, 553–63. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003036593-45.
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Beck, Luke. "A constitutional prohibition against religious laws." In Religious Freedom and the Australian Constitution, 48–58. New York : Routledge, 2018. | Series: ICLARS series on law and religion: Routledge, 2018. http://dx.doi.org/10.4324/9781351257763-5.
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Bateman, Selena, and Adrienne Stone. "Precedents and case-based reasoning in the case law of the High Court of Australia1." In Constitutional Law and Precedent, 57–79. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003264262-5.
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Elisa, Arcioni. "Part III Themes, Ch.14 Citizenship." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0015.
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This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no mention of ‘citizenship’. Instead, formal membership of the Australian community is determined by reference to the constitutional categories of ‘subjects of the Queen’ and ‘people of the Commonwealth’ and through the legislative definition of citizenship under federal law. These peculiar features of the Australian context reflect what is generally assumed to be the modest role of the Constitution in determining national identity and the fact that Australia was not an independent nation at the time of the Constitution's drafting. Developments in legislation, constitutional jurisprudence, and mooted constitutional amendments all point towards a greater role for the Constitution in determining Australian ‘citizenship’ in the future.
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Gerard, Carney. "Part II Constitutional Domain, Ch.12 State Constitutions." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0013.
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This chapter explores the peculiar role and status of the State Constitutions in Australia: how they provide for the constitutional system of each State, the extent to which they operate as superior law, and the relationship they have with the Commonwealth Constitution. The Constitutions of the six Australian States are less well known than the Australian Constitution, although their history is longer and their existence is fundamental to the Australian constitutional order. Their most significant feature is that they exist as legal instruments separate from the Australian Constitution. Pre-existing the Australian Constitution as the Constitutions of the colonial forebears of the States, they were retained ‘as is’ upon federation, except in so far as they were qualified by the Australian Constitution in order to create the federal system. No change was imposed, however, on the substance or structure of the new State Constitutions.
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Susan, Kenny. "Part I Foundations, Ch.5 Evolution." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0006.
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This chapter is about Australian constitutional evolution. It concerns the meaning, the processes, and the possibilities of constitutional change in Australia. ‘Constitutional evolution’ here means the transformation of the Australian constitutional system from its original form in 1901 into different forms until it reached the form we know today, by an aggregation of changes over time. These changes have mostly occurred in the constitutional space for which the written Constitution originally provided, with the result that, from 1901 until now, the Constitution has provided the framework for the Australian federation. The Constitution, as enacted by the British Parliament and as formally amended by popular referenda, has been critical to this evolutionary process; but the changes in the constitutional system, though consistent with the written text, have not been required by it.
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Patrick, Emerton. "Part I Foundations, Ch.6 Ideas." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0007.
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This chapter sets out some key political ideas that underpin the Australian Constitution. Australia has a somewhat distinctive constitutional culture. It has a rigid, written Constitution of long standing and that is frequently litigated. As a result, there is a flourishing constitutional jurisprudence. However, with a handful of exceptions, the Constitution, and ideas around constitutional values or ideals, play relatively little role in Australian public and political debate. This has generated a sense of the Constitution itself as a prosaic, even arid, legal text. This chapter presents a counterpoint to such perceptions. It also shows how a technical document that has operated within, and to some extent strengthened, a legalistic constitutional jurisprudence, can be understood to be a source of affirmative constitutional value to which that jurisprudence gives genuine expression.
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Susan, Kiefel. "Part IV Practice and Process, Ch.21 Standards of Review in Constitutional Review of Legislation." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0022.
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This chapter explores the High Court's jurisdiction in Australia to review legislation for constitutional validity. Every Australian court of competent jurisdiction has the power to declare a law of the Commonwealth or of a State void because of transgressing the Constitution. The High Court, which is the ultimate court of appeal in Australia, is the authoritative and final interpreter of the Constitution. Though this authority is not expressly stated in the Constitution, it can be discerned through various sources. Furthermore, the methods of review vary according to both the nature of the constitutional head of power under which legislation is said to have been enacted, as well as whether the challenge to the validity of the legislation is based upon its restrictive effect upon a constitutionally protected freedom. These freedoms are not individual rights or freedoms, but instead effect a restriction or limitation on the legislative power of the Commonwealth.
Conference papers on the topic "Australian constitutional law"
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Fatima Hajizada, Fatima Hajizada. "SPECIFIC FEATURES OF THE AMERICAN VERSION OF THE BRITISH LANGUAGE." In THE FIRST INTERNATIONAL SCIENTIFIC – PRACTICAL VIRTUAL CONFERENCE IN MODERN & SOCIAL SCIENCES: NEW DIMENSIONS, APPROACHES AND CHALLENGES. IRETC, 2022. http://dx.doi.org/10.36962/mssndac-01-10.
Full textAbstract:
English is one of the most spoken languages in the world. A global language communication is inherent in him. This language is also distinguished by a significant diversity of dialects and speech. It appeared in the early Middle Ages as the spoken language of the Anglo-Saxons. The formation of the British Empire and its expansion led to the widespread English language in Asia, Africa, North America and Australia. As a result, the Metropolitan language became the main communication language in the English colonies, and after independence it became State (USA, Canada, Australia, New Zealand) and official (India, Nigeria, Singapore). Being one of the 6 Official Languages of the UN, it is studied as a foreign language in educational institutions of many countries in the modern time [1, 2, s. 12-14]. Despite the dozens of varieties of English, the American (American English) version, which appeared on the territory of the United States, is one of the most widespread. More than 80 per cent of the population in this country knows the American version of the British language as its native language. Although the American version of the British language is not defined as the official language in the US Federal Constitution, it acts with features and standards reinforced in the lexical sphere, the media and the education system. The growing political and economic power of the United States after World War II also had a significant impact on the expansion of the American version of the British language [3]. Currently, this language version has become one of the main topics of scientific research in the field of linguistics, philology and other similar spheres. It should also be emphasized that the American version of the British language paved the way for the creation of thousands of words and expressions, took its place in the general language of English and the world lexicon. “Okay”, “teenager”, “hitchhike”, “landslide” and other words can be shown in this row. The impact of differences in the life and life of colonists in the United States and Great Britain on this language was not significant either. The role of Nature, Climate, Environment and lifestyle should also be appreciated here. There is no officially confirmed language accent in the United States. However, most speakers of national media and, first of all, the CNN channel use the dialect “general American accent”. Here, the main accent of “mid Pppemestern” has been guided. It should also be noted that this accent is inherent in a very small part of the U.S. population, especially in Nebraska, Iowa, and Illinois. But now all Americans easily understand and speak about it. As for the current state of the American version of the British language, we can say that there are some hypotheses in this area. A number of researchers perceive it as an independent language, others-as an English variant. The founder of American spelling, American and British lexicographer, linguist Noah Pondebster treats him as an independent language. He also tried to justify this in his work “the American Dictionary of English” written in 1828 [4]. This position was expressed by a Scottish-born English philologist, one of the authors of the “American English Dictionary”Sir Alexander Craigie, American linguist Raven ioor McDavid Jr. and others also confirm [5]. The second is the American linguist Leonard Bloomfield, one of the creators of the descriptive direction of structural linguistics, and other American linguists Edward Sapir and Charles Francis Hockett. There is also another group of “third parties” that accept American English as a regional dialect [5, 6]. A number of researchers [2] have shown that the accent or dialect in the US on the person contains significantly less data in itself than in the UK. In Great Britain, a dialect speaker is viewed as a person with a low social environment or a low education. It is difficult to perceive this reality in the US environment. That is, a person's speech in the American version of the British language makes it difficult to express his social background. On the other hand, the American version of the British language is distinguished by its faster pace [7, 8]. One of the main characteristic features of the American language array is associated with the emphasis on a number of letters and, in particular, the pronunciation of the letter “R”. Thus, in British English words like “port”, “more”, “dinner” the letter “R” is not pronounced at all. Another trend is related to the clear pronunciation of individual syllables in American English. Unlike them, the Britons “absorb”such syllables in a number of similar words [8]. Despite all these differences, an analysis of facts and theoretical knowledge shows that the emergence and formation of the American version of the British language was not an accidental and chaotic process. The reality is that the life of the colonialists had a huge impact on American English. These processes were further deepened by the growing migration trends at the later historical stage. Thus, the language of the English-speaking migrants in America has been developed due to historical conditions, adapted to the existing living environment and new life realities. On the other hand, the formation of this independent language was also reflected in the purposeful policy of the newly formed US state. Thus, the original British words were modified and acquired a fundamentally new meaning. Another point here was that the British acharism, which had long been out of use, gained a new breath and actively entered the speech circulation in the United States. Thus, the analysis shows that the American version of the British language has specific features. It was formed and developed as a result of colonization and expansion. This development is still ongoing and is one of the languages of millions of US states and people, as well as audiences of millions of people. Keywords: American English, English, linguistics, accent.