+612 9045 4394
 
CHECKOUT
Cambridge Studies in Constitutional Law : Australia's Constitution after Whitlam Series Number 17 - Brendan Lim

Cambridge Studies in Constitutional Law

Australia's Constitution after Whitlam Series Number 17

Paperback Published: 30th June 2018
ISBN: 9781107551992
Number Of Pages: 302

Share This Book:

Paperback

In Stock
Enter an Australian post code for delivery estimate

Earn 155 Qantas Points
on this Book

Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.

Part 1. Introduction: I. New questions; II. The plan; Part 2. Informal Constitutional Change: I. The possibility of informal change; II. The identification of informal change; III. The legitimacy of informal change; Part 3. The Whitlam Dismissal: I. The standard narrative; II. The dismissal and the constitutional canon; III. The higher law narrative; IV. Conclusion; Part 4. The Murphy Affair: I. Events of 1975-86; II. Murphy and the standard narrative; III. Murphy and the higher law narrative; IV. Conclusion; Part 5. The Mason Court: I. Internal point of view; II. Dixon's orthodoxy; III. Popular sovereignty foreshadowed: 1962-86; IV. Popular sovereignty ascendant: 1987-95; V. Parliamentary supremacy returns: 1996-; VI. Conclusion; Part 6. The Howard Referendum: I. Constitutional law and identity; II. Whitlam and Republicanism; III. Republicanism reinvented; IV. Clash of grammars; V. Conclusion; Part 7. Conclusion.

ISBN: 9781107551992
ISBN-10: 1107551994
Series: Cambridge Studies in Constitutional Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 302
Published: 30th June 2018
Publisher: CAMBRIDGE UNIV PR
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 1.63
Weight (kg): 0.41

Earn 155 Qantas Points
on this Book