The Constitution of Australia: A Contextual Analysis
Cheryl Saunders - Hart Publishing Limited, 2011
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Consistent with the aims of the
Constitutional Systems of the World series, this 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 * multi-level
government * rights protection. Running through all the chapters is the story of
the gradual evolution of Australian constitutionalism within the lean but almost
unchanging framework of the formal, written, national Constitution. A second
theme traces the way in which the present, distinctive, constitutional
arrangements in Australia emerged from creative tension between the British and
US constitutional traditions on which the Australian Constitution originally
drew and which continues to manifest itself in various ways. One of these, which
is likely to be of particular interest, is Australian reliance on institutional
arrangements for the purpose of the protection of rights. The book is written in
a clear and accessible style. Each chapter includes additional references to
enable particular issues to be pursued further. The book will be of interest to
academics and students interested in constitutional and comparative
constitutional law, as well as politics.