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Federalism
Federalism: The Australian Experience offers readers a first-hand insight into one of the oldest federations in the world by an Australian expert, Prof Cheryl Saunders. The Australian Constitution is approaching its centenary and it is expected that students of political science, constitutional law, fiscal federalism and practitioners will in the years to come show a growing interest in how the constitution and practice are adapting to the demands of the 21st century. From a South African point of view, studies on Australian federalism have been somewhat neglected over the years. This is unfortunate and we hope that this publication will generate more interest in the subject. Some of the issues that could be of interest to South African researchers are for instance the treatment of indigenous people and efforts to accommodate their demands for land; the operation of the Commonwealth Grants Commission and its impact on policy, and the functioning of intergovernmental relations between the federal and state governments and also between state and local governments and between state governments themselves.
An Inquiry into the Existence of Global Values
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at lea...
The Constitution of Australia
Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchangin...
Legislative, Executive, and Judicial Governance in Federal Countries
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
Asia-Pacific Constitutional Systems
This book analyzes the formal constitutional changes that have recently taken place in the Asia-Pacific region, embracing the countries of East and South East Asia and the Pacific Island states. In examining the different constitutional systems in the region, it asks several key questions: What constitutional arrangements operate in the region and how can their fundamental differences be explained? How do social, political and economic factors limit the effectiveness of the existing constitution? What lessons are gained for the practice of constitutionalism elsewhere?
Australia's Constitution after Whitlam
An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.
The Rule of Law
This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada), and Troper (France). The essays cover issues such as: the debate about the meaning and application of the rule of law; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government; international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush to the indictment of Slobodan Milosevic at the War Crimes Tribunal.
Routledge Handbook of Constitutional Law
The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One...
Distribution of Powers and Responsibilities in Federal Countries
Contributors include Hugues Dumont (Belgium), J.Isawa Elaigwu (Nigeria), Thomas Fleiner (Switzerland), Xavier Bernadí Gil (Spain), Ellis Katz (USA), Nicolas Lagasse (Belgium), George Mathew (India), Clement Macintyre (Australia), Enric Argullol Murgades (Spain), Manuel González Oropeza (Mexico), Marcelo Piancastelli (Brazil), Hans-Peter Schneider (Germany), Richard Simeon (Canada), Marc Van der Hulst (Belgium), Sébastien Van Drooghenbroeck (Belgium), and John M. Williams (Australia).
Aboriginal Title
Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late 20th century. This book, by a key author in this field, sets out the beginnings, judicial acceptance and influence of this doctrine across national jurisdictions and in international law.
