The Constitutional Structure Of The Commonwealth

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

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... chapter iv the reorganisation of local government It is usual to underrate the magnitude, the range and the social importance of the part of government and administration which is not organised nationally, but is entrusted to the Local Authorities. Solemn treatises on the British Constitution scarcely mention the form or the power, the functions or the activities, of the Councils of Parishes, Rural and Urban Districts, Boroughs and Counties, and, indeed, the thousands of local governing bodies by which, in fact, the greater part of British public administration is conducted. In the first part of this book we dealt with the Local Authorities in their economic aspect as obligatory associations of consumers supplying the inhabitants of their several areas with an ever-widening range of commodities and services, and incidentally as having directly on their pay-rolls something like one million families, or nearly one-tenth of the whole population. We refrained from describing the chaotic state into which British Local Government has got, alike in areas of administration, in constitutional structure, and in confusion of powers and finances. We did so deliberately, because we foresaw that, when we came to our constructive proposals, we could neither explain nor justify them except in close connection with an explicit account of the need for local, as distinguished from national, administration, and of the deplorabl: condition into which the whole organisation of loci government has been allowed in Great Britain to fall. The Decay Of Civic Patriotism When the indictment of capitalist profit-mafe comes to be formulated with any completeness there will be no count more serious than its destruction c. local patriotism as an incident in its heedless...

Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux

The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.