The Naked Australian Constitution: Interpretations, Inadequacies, and Implications
Autor Ian Killey Cuvânt înainte de Matt Harveyen Limba Engleză Hardback – 7 iul 2022
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Specificații
ISBN-13: 9781666908862
ISBN-10: 166690886X
Pagini: 246
Dimensiuni: 159 x 229 x 21 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Lexington Books
Locul publicării:New York, United States
ISBN-10: 166690886X
Pagini: 246
Dimensiuni: 159 x 229 x 21 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Lexington Books
Locul publicării:New York, United States
Cuprins
Introduction: A Flawed Middle-Aged Constitution
Chapter 1: Middle Aged Constitution
Chapter 2: Federation and Henry Parkes' Boast
Chapter 3: Federation and "Australia's Magna Carta"
Chapter 4: Constitutional Problem 1: A Very Misleading Constitution
Chapter 5: Constitutional Problem 2: Constitutional Provisions Undermined by the High Court
Chapter 6: Constitutional Problem 3: Constitutional Provisions that are Badly and Misleadingly Designed
Chapter 7: Constitutional Problem 4: Constitutional Requirements Based on Judicial Invention
Chapter 8: Constitutional Problem 5: A Constitution that Does Not Deal with the Essential Nature of Federation
Chapter 9: Constitutional Problem 6: A Constitution with a Result Very Different from its Design
Chapter 10: The Need for an "Intelligible Theory"
Chapter 11: What Do We Do Now?
Chapter 1: Middle Aged Constitution
Chapter 2: Federation and Henry Parkes' Boast
Chapter 3: Federation and "Australia's Magna Carta"
Chapter 4: Constitutional Problem 1: A Very Misleading Constitution
Chapter 5: Constitutional Problem 2: Constitutional Provisions Undermined by the High Court
Chapter 6: Constitutional Problem 3: Constitutional Provisions that are Badly and Misleadingly Designed
Chapter 7: Constitutional Problem 4: Constitutional Requirements Based on Judicial Invention
Chapter 8: Constitutional Problem 5: A Constitution that Does Not Deal with the Essential Nature of Federation
Chapter 9: Constitutional Problem 6: A Constitution with a Result Very Different from its Design
Chapter 10: The Need for an "Intelligible Theory"
Chapter 11: What Do We Do Now?
Recenzii
Australian federation has certainly been a study in unintended consequences. Elaborate constitutional provisions have proved, in some cases surprisingly quickly, to be pointless or redundant, while judicial interpretation, among other factors, has rendered the federal division of powers almost a dead letter-whereas the Judiciary has lavished care and attention on doctrines of its own creation which find, at best, obscure support in the text of the document. Ian Killey's book contains a thorough-going critique of the course of developments-although it can be safely said that his views will not command universal agreement-alongside several useful suggestions for improvement.
Dr. Killey has written a very thought-provoking book. He describes the Australian Constitution as a mess and contends that it is badly designed and inappropriately interpreted. Whether or not one agrees with that conclusion, there is no doubt that the Constitution is in urgent need of review and reform. This book should set that discussion alight.
Dr. Killey has written a very thought-provoking book. He describes the Australian Constitution as a mess and contends that it is badly designed and inappropriately interpreted. Whether or not one agrees with that conclusion, there is no doubt that the Constitution is in urgent need of review and reform. This book should set that discussion alight.