Responsible Government And The Australian Constitution

The effect of the implications drawn by the High Court from the system of representative government provided in the Australian Constitution, in the light of such cases as Australian Capital Television Pty Ltd v Commonwealth and Lange v Australian Broadcasting Corporation, is well known. In this paper Professor Lindell discusses an aspect of those cases which has received less attention: the effect of the implications drawn by the Court from a particular kind of representative government, namely the system of responsible government which is also provided for in the Constitution. In particular, the paper focuses on the extent to which the rules of responsible government have now become judicially enforceable. The paper explores how the world would look if that concept were judicially enforceable. That is the position with the British Commonwealth countries that received their independence after World War II where some of the rules of responsible government were accorded express constitutional recognition.

This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.

Despite remarkable similarities, little attempt has been made to compare the political development of colonial-era Australia and Canada. Both nations were born as British colonies and used violent and non-violent means to agitate for democratic freedoms. Republicanism and Responsible Government explores how these sister colonies transformed the very nature of the British Empire by insisting on democratic self-rule. Focusing on the middle of the nineteenth century, Benjamin Jones explores key points in colonial Australian and Canadian history - Canada's Rebellions of 1837-38 and the Durham Report, and Australia's anti-transportation movement and the Eureka Stockade. Previously, historians have looked to liberalism when explaining radicalism and democratization. Jones, however, contends that Canadian and Australian radicals and reformers were influenced by the ancient political philosophy of civic republicanism, with its focus on collectivism, civic duty, and virtue. William Lyon Mackenzie and John Dunmore Lang, he argues, did not champion republicanism to achieve individual rights but to create a virtuous society free from the corruption they saw in the status quo. Republicanism and Responsible Government challenges traditional interpretations of key events in Australian and Canadian history and shows that even though both nations remain constitutional monarchies, republican ideas have shaped their foundations since the earliest days of settlement.

A provocative reassessment of the Australian constitution from the perspective of a political scientist.

This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.