An Introduction To The Australian Constitutions

Sixth edition of guide for students and practitioners first published in 1974. Covers the making of the Constitution, the powers of Parliament, the interaction of government and the courts and the roles of the states. Also addresses topics such as the republican debate, and the double dissolution of 1975. Includes and up-to-date copy of the Commonwealth Constitution, and a copy of the 'Australia Act' 1986. Indexed.

Shape of the constitutions - Federation - Parliament - Executive government - Queen and her representatives - Courts - Finance and trade - Basic rights - Republic.

The Australian Constitution was a pragmatic arrangement designed to protect the member states, which surrendered sufficient power to establish a new federal government. It combines the British model of conventions to moderate governmental power with US written federal system. This book traces the history of Australian constitutional arrangements. It pays special attention to the role of the judiciary who have used the common law to shape the power relationships between the States and the Commonwealth and to recognise "implied rights". It has a useful glossary of English legal terms.

Australia's Constitutions tell only part of the story. They omit or barely mention many of the essential and well known elements of our systems of government, such as the Cabinet, the Prime minister or Premier, ministerial Responsibility and the Opposition. This work fills that void by explaining the nature of conventions, how they arise, how they are altered, as well as their operation and development. A book for anyone who has an interest in understanding the complexities and mysteries of the unwritten rules of Australian government.

Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

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