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This first edition of New South Wales Legislative Council Practice brings together the history, practice and procedure of the New South Wales Legislative Council - the Upper House of the New South Wales Parliament, and the first and oldest legislative body in Australia.Since the advent of responsible government in New South Wales in 1856, the New South Wales Legislative Council has been the focus of continuous struggle regarding its composition, powers, role and very existence. However, from its tumultuous history, the Council has in recent years emerged as a democratically elected, powerful and effective upper house, in many ways mirroring the development of the Australian Senate. Today the Council performs key functions within the New South Wales system of government including representing the people and scrutinising the executive government as a 'House of Review'.The rich history of the New South Wales Legislative Council has brought with it a wealth of parliamentary precedent with which to guide modern practice and procedures in the House. While practitioners of parliamentary law and practice in New South Wales have long had access to authorities such as Erskine May's Parliamentary Practice and Odgers' Australian Senate Practice, the publication of New South Wales Legislative Council Practice will provide an essential reference book to understanding parliamentary privilege, practice and procedure in the New South Wales Upper House.
The Annotated Standing Orders of the New South Wales Legislative Council is a comprehensive commentary charting the purpose, development and modern operation of the rules of procedure of the Legislative Council. Canvassing over 150 years of proceedings of the House and its committees, the Annotated Standing Orders provides interesting anecdotes and important precedents to rules in common use today and rules less seldom used, even obscure. The work renders the seemingly complex and impenetrable language and practice of parliamentary procedure in the Westminster tradition, as it has developed in the Legislative Council, accessible to members, parliamentary officers and others with an interest in parliamentary law, practice and procedure.Key features:A concise summary of the purpose and development of each current rule.Explanations and examples of the practical operation of regularly used rules and the creative use of seldom used procedures.A chronology of the adoption, repeal and amendment of the rules and orders of the Legislative Council since 1824.Practical illustration of the role of parliamentary procedure in upholding the core principles of freedom of speech, the rights of the minority, and the function of the Council as a House of Review.
The present edition of Panopticon versus New South Wales and other writings on Australia consists of fragmentary comments headed ‘New Wales’, dating from 1791; a compilation of material sent to William Wilberforce in August 1802; three ‘Letters to Lord Pelham’ and ‘A Plea for the Constitution’, written in 1802–3; and ‘Colonization Company Proposal’, written in August 1831, the majority of which is published here for the first time. These writings, with the exception of ‘Colonization Company Proposal’, are intimately linked with Bentham’s panopticon penitentiary scheme, which he regarded as an immeasurably superior alternative to criminal transportation, the prison hulks, and English gaols in terms of its effectiveness in achieving the ends of punishment. He argued, moreover, that there was no adequate legal basis for the authority exercised by the Governor of New South Wales. In contrast to his opposition to New South Wales, Bentham later composed ‘Colonization Company Proposal’ in support of a scheme proposed by the National Colonization Society to establish a colony of free settlers in southern Australia. He advocated the ‘vicinity-maximizing principle’, whereby plots of land would be sold in an orderly fashion radiating from the main settlement, and suggested that, within a few years, the government of the colony should be transformed into a representative democracy.
A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.
Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.
The crisis in New South Wales Labor is so deep and has such significant ramifications that we need a massive dose of unadulterated, no-holds-barred honesty. The man who can deliver this honesty is Frank Sartor. An independent outsider who became a Labor minister in 2003, Sartor impressed and irritated insiders and the commentarial in equal measure. As minister for a number of important portfolios in successive Labor Governments, Sartor was perfectly positioned to see the way the Labor machine operated; the factionalism, the deals, the incompetence, the shortsightedness; as it went through four premiers in its last six floundering, backstabbing years. Sartor's thoughtful and acerbic pen skewers the failings and often-risible hubris of politicians. He pulls no punches in ascribing actions to a number of his former colleagues, but not as an exercise in denigrating opponents, but to illustrate the main actors, their mindsets, and the genesis of some of the New South Wales government's major mishaps. The Fog on the Hill is essential reading for anyone interested in the evolving landscape of Australian politics. It will be a ready handbook for political aspirants, public servants and all students of political science. Much more, though, it will fascinate all those who value our democracy and want our country and its governments to succeed.