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The Constitution of Independence : The Development of Constitutional Theory in Australia, Canada, and New Zealand - Peter C. Oliver

The Constitution of Independence

The Development of Constitutional Theory in Australia, Canada, and New Zealand

Hardcover Published: 1st April 2005
ISBN: 9780198268956
Number Of Pages: 392

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The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on

Oliver has provided scholars..with a subtle, dense but always lucid account which adds a new historical, comparative, and conceptual sharpness. Edinburgh Law Review an excellent example of how history and legal theory can be mutually illuminating David Dyzenhaus, Public Law A work of formidable scholarship ... scholarly, rigorous and illuminating Andrew McDonald, Law and Politics Book Review A fascinating read. The Commonwealth Lawyer

1: Introduction Part I: the Imperial Constitution 2: The Imperial Dominions 3: Parliamentary Sovereignty in the Empire and Commonwealth: Dicey's Dominions and Dogmas 4: Theories of Parliamentary Sovereignty after 1931: New and Revised Part II: Constitution to Independence 5: canada I: Confederation and the Imperial Theory 6: Canada II: An Independent Constitutional Theory 7: Canada III: The Patriation Reference 8: New Zealand: Waitangi, Westminster, and Wellington 9: Australia I: Colonies, Conventions, and Canberra 10: Australia II: Westminster to Canberra Part III: Constitutional Independence 11: Legal Continuity or Disguised Revolution? 12: Theoretical Approaches to Sovereignty and Legal System 13: Constitutional Continuity and Constitutional Independence 14: Conclusion

ISBN: 9780198268956
ISBN-10: 0198268955
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 392
Published: 1st April 2005
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.3 x 16.2  x 2.7
Weight (kg): 0.74