Australia’s American Constitution and the Dismissal
eBook - PDF

Australia’s American Constitution and the Dismissal

How English Legal Science Marred the Founders’ Vision

  1. 315 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Australia’s American Constitution and the Dismissal

How English Legal Science Marred the Founders’ Vision

About this book

David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General's 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.

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Yes, you can access Australia’s American Constitution and the Dismissal by David Long in PDF and/or ePUB format, as well as other popular books in Law & Comparative Law. We have over one million books available in our catalogue for you to explore.

Information

Year
2021
eBook ISBN
9781978782679
Edition
1
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Half Title
  3. Title Page
  4. Copyright Page
  5. Dedication
  6. 
  7. Contents
  8. Preface
  9. Acknowledgments
  10. Chapter 1: The Issues
  11. Chapter 2: The Constitutional Convention, 1897–1898
  12. Chapter 3: The Early Court
  13. Chapter 4: The Engineers’ Case
  14. Chapter 5: The High Court after Engineers
  15. Chapter 6: Governor-General’s Reserve Powers
  16. Afterword
  17. Bibliography
  18. Index
  19. About the Author