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Includes the Council's votes and proceedings, proclamations, bills, acts, etc.
Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.
From the late 1800s to the early 1900s, Australian settler colonists mobilised their unique settler experiences to develop their own vision of what ‘empire’ was and could be. Reinterpreting their histories and attempting to divine their futures with a much heavier concentration on racialized visions of humanity, white Australian settlers came to believe that their whiteness as well as their Britishness qualified them for an equal voice in the running of Britain’s imperial project. Through asserting their case, many soon claimed that, as newly minted citizens of a progressive and exemplary Australian Commonwealth, white settlers such as themselves were actually better suited to the modern task of empire. Such a settler political cosmology with empire at its center ultimately led Australians to claim an empire of their own in the Pacific Islands, complete with its own, unique imperial governmentality.
In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.