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Parliament, the Executive, and the Governor-general
This book on federal executive power in Australia examines what the Commonwealth government can do withour legislative authorization, and considers in detail the constitutional relationships between the Queen and the Governor-General, the Governor-General and the Ministry, and the Parliament and the Executive, and the extent to which the Executive is independent of legislative control. It discusses the nature of the prerogative, and examines the extent to which the courts can review governmental action based upon constituionally conferred power, including an analysis of judicial review of the exercise of prerogative powers, and of the 'reserve powers' of the Crown. The book ends with a review of the role of the Governor-General's 'reserve powers' and of what might be done to prevent a recurrence of the constitutional crisis of 1975.
Monarchy to Republic
Australian republicanism has moved to the centre of our national agenda and is likely to be achieved within the next generation. However, the details of that republican government have yet to emerge. This updated version of Monarchy to Republic provides the latest developments in public opinion and arguments for and against retaining a monarchy. George Winterton focuses on the practical constitutional and governmental issues involved in establishing an Australian republic. An important reference work, Monarchy to Republic now includes the latest developments in public opinion, arguments for and against retaining the monarchy, and recent constitutional developments.
State Constitutional Landmarks
Fifteen landmark cases and controversies of parliamentary government in the Australian colonies and States are recounted in all their political and legal drama by some of Australias leading constitutional scholars. Topics covered include the amazing saga of Justice Boothby in the 1860s; Privy Council decisions establishing the plenary power of colonial legislatures; the dismissal of New South Wales (NSW) Premier Jack Lang in 1932; the resolution of deadlocks between State legislative Houses; the making of the Australia Acts 1986; debate on the separation of judicial power in the States; the survival of the NSW Legislative Council; the power to expel an MP in NSW; one-vote, one-value in Western Australia; affirmation of the rule of law in Western Australia; the Franca Arena saga in NSW; and the power to force ministers to produce documents in NSW.
Australian Constitutional Landmarks
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.
Constitutional Advancement in a Frozen Continent
Australia has been called the "frozen continent" for its many failures to effect changes to the Constitution via the processes prescribed in section 128. And yet this rigid referendum process has not impeded constitutional advancement. Today the Australian polity wields broad-ranging national powers over most spheres of activities in Australia. The High Court of Australia plays a pivotal role in ensuring that a document devised in a horse and buggy era continues to be of relevance in an age of fast-paced modernity. A broad spectrum of distinguished legal scholars and jurists engage in thoughtful and critical exegesis to explain the continuing evolution of the Australian Constitution.The book...
Winterton's Australian Federal Constitutional Law
The essential topics are examined in depth to promote greater insight into constitutional principles, judicial reasoning and overall assessment of the work of the High Court. It includes commentary and materials which will also be of assistance to advanced students, scholars and researchers, as well as to judges and lawyers.
Constitutional Perspectives on an Australian Republic
What are the key legal and constitutional issues that would arise if Australia attempted to switch from a constitutional monarchy to a republic?Stephen Gageler writes on the limits of section 128; Anne Twomey on "One In All In" - can a Commonwealth referendum to create a republic also convert State constitutions to a republican form; Sarah Murray examines the "Winterton" minimalist approach, Cheryl Saunders the Direct Election model; Peter Johnston investigates whether republican States can exist in a federal monarchy and Janine Pritchard the reverse - monarchical States in a federal republic; Alan Fenna explores the political science considerations and Jim Thomson the problems posed for drafters.Chief Justice French dedicates the book to the late George Winterton, Chief Justice Martin introduces it and Greg Craven wraps it all up with characteristic aplomb.
The Resurrection of the Republic
This paper is no longer available in hard copy, but it is available as an electronic PDF file. Just order in the usual way and we will email you the file on receipt of payment.A discussion of the 1999 Republic Referendum and the prospects for future constitutional change.
Australian Federal Constitutional Law
Since the first edition, Australian Federal Constitutional Law: Commentary and Materials has established itself as one of the most respected constitutional reference works. The title is intended primarily for teaching purposes and covers the material included in virtually all Australian Federal Constitutional Law courses. The essential topics are examined in depth to promote greater insight into constitutional principles, judicial reasoning and overall assessment of the work of the High Court. This new edition incorporates recent developments in the law. It reviews all of the important constitutional decisions of the High Court of Australia and analyses the issues that arise in those decisions. The book has a fresh friendly layout to promote understanding, substantial commentary, notes, questions and references, and provides shorter case extracts to illustrate the salient points.
