Constitutional Conventions And The Headship Of State Australian Experience

Constitutional conventions precede law and make law making possible, but attempting to define them is politically risky yet increasingly necessary.

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.

The extension to other Realms of the reserve power to refuse a dissolution

The Indian Constitution is the country's primary and highest legislation. It outlines the basic structures of the Indian government, including its guiding principles, the laws that govern it, and the authorities it is vested with. The rights and responsibilities of its residents are spelled out in detail. It has the longest constitution in the world. Dr. B.R. Ambedkar, the committee's chairman and a primary architect of the Indian Constitution, penned the document's bulk. On December 9th, 1946, Constituent Assembly convened for the first time. On December 11, Dr. Rajendra Prasad was elected as the permanent chairman of "India's sovereign constituent assembly". The Indian Constitution gives constitutional primacy instead of parliamentary supremacy since it was formed by the Constituent Assembly and not the Parliament. In force since January 26, 1950, it was adopted by the "Indian Constituent Assembly" on November 26, 1949. After the "Government of India Act" of 1935 was replaced by the Indian Constitution, the Dominion of India became the Republic of India. The Indian Constitution's opening prologue is included. This introductory section of our Constitution serves as a compass for all Americans. Freedom, justice, and equality are promised to the people of India, who live under a secular, socialist, democratic government in this document. It was during the 1976 Emergency that the prologue was changed to incorporate the words "socialist" and "secular."

A state's constitution is its rulebook. It lays out the foundational principles that regulate the state. It defines the relationship between the state's primary institutions, such as the executive, legislature, and judiciary, as well as their respective functions. It limits the exercise of power and outlines the rights and responsibilities of citizens. Constitutional law is merely one of the policies, legal procedures, and organizations that govern the behavior of the government and its citizens. Individual liberties are safeguarded by constitutional law, which also serves to keep the various branches of government in check. In general, the Constitution of a country seeks to establish its fundamental or basic or apex organs of government and administration, describe their structure, composition, powers, and principal functions, define their interrelationships, and regulate their relationship with the people, particularly the political relationship. Even with regard to these fundamental institutions, only the most fundamental norms are codified in the Constitution. Under the rubric of Constitutional Law, it is not appropriate to discuss any and all principles. It should be noted that the term "Constitutional law" is broader than the term "Constitution," as it includes the "Constitution" as well as applicable statutory law, judicial decisions, and conventions.

The Crown in Canada has had a profound influence in shaping a country and a constitution that embraces the promotion of political moderation, societal accommodation, adaptable constitutional structures, and pluralistic governing practices. While none of these features themselves originated through legislative or constitutional action, David E. Smith, Christopher McCreery, and Jonathan Shanks propose that all reflect the presence and actions of the Crown. Examining how a constitutional monarchy functions, Canada’s Deep Crown discusses how the legal and institutional abstractions of the Crown vary depending on the circumstances and the context in which it is found. The Crown presents differently depending on who is observing it, who is representing it, and what role it is performing. With a focus on the changes that have taken place over the last fifty years, this book addresses the role of the Crown in dispersing power throughout Canada’s system of government, the function the sovereign, governor general, and lieutenant governors play, and how the demise of the Crown and transition to a new sovereign is likely to unfold.