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"[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.
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'.
This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, those of her vice-regal representatives, and those of heads of state in the less studied realms and former colonies that are now republics. Drawing on a vast range of previously unpublished archival and primary material, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals constitutional crises in small countries, which have escaped the notice of most scholars. This book places the exercises of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict. Providing an unrivalled contemporary analysis of reserve powers, it will appeal to constitutional scholars worldwide and others involved in the administration of systems of responsible government.
This book aims to enrich the thinking and discussion in relation to the importance that citizenship, immigration, rights and private laws play in the modern world. This is in a time when social cohesion and national identity is being challenged. It will explore the impact these laws have had on Australia, European Union (EU) and Slovenia. Identity and social cohesion are contested concepts and can invoke different responses. The challenges states and the EU are likely to face in retaining and even strengthening their respective identities and social cohesion from continued geopolitical shocks, security, economic volatility and environmental degradation is likely to be formidable. These alone pose some of the most complex political and policy issues facing the world. The EU can be held up as a polity that, has developed an identity and level of cohesion, while allowing member states to retain their national identities. It has, to date, also been successful in managing the rise of nationalism. However, that has come under threat in recent times. Thus, the very foundations of liberal democracy could be diluted from the impact of these challenges. Moreover, the basic foundations of rights have, in part, already been diluted from the rise of terrorism (which is acceptable), however, the geopolitical differences pose a significant challenge, in, and of themselves.
Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.
Ronald Joseph Ryan was hanged in Melbourne on 3 February 1967, following his conviction for the shooting murder of a prison warder during a daring escape from the maximum-security Pentridge prison thirteen months before. The decision of the Victorian government in December 1966 to proceed with Ryan's death sentence sparked immediate media condemnation and angry political protests, and put the Liberal premier, Sir Henry Bolte, under siege for the duration of the case. State governments around the country moved to abolish the death penalty in the 1970s and 1980s, and Ronald Ryan became the last man to be hanged in Australia. Today, many years later, the Ryan case still prompts spirited debate about the guilty finding against Ryan, the merits of capital punishment, and the politics behind his execution. But who was Ronald Ryan, and how did he come to be the focus of such dramatic political events? Drawing on previously unpublished documents and personal accounts -- including details of Ryan's childhood and his early turn to crime -- this book reveals the truth about Ryan's guilt. It also goes behind the scenes to tell for the first time of the life-long anguish of the judge who pronounced the death sentence, the inner workings of the secret cabinet meeting that decided Ryan's fate, and the dramatic political process that resulted in the rejection of eleventh-hour appeals to save Ryan. Mike Richards first became involved in the case as the leader of student protests against Ryan's execution. Now he has written a masterly, compelling account that retrieves the individual and the drama at the centre of the most divisive capital case in Australia's history. Through the depth of its original research and the persuasiveness of its insights, Mike Richards' award-winning biography of Ronald Ryan provides a definitive account of the life and death of the man whose execution stopped a nation.