Australian Constitutional LandmarksH. P. Lee, George Winterton 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. |
Contents
| 2 | |
| 35 | |
The Uniform Income Tax Cases | 63 |
The Bank Nationalisation Cases The Defeat of Labors Most Controversial Economic Initiative | 86 |
The Communist Party Case | 109 |
Fitzpatrick and Browne Imprisonment by a House of Parliament | 146 |
The Boilermakers Case | 161 |
The Race Power A Constitutional Chimera | 181 |
1975 The Dismissal of the Whitlam Government | 230 |
The Tasmanian Dam Case | 263 |
The Murphy Affair in Retrospect | 281 |
The Privy Council and the Constitution | 313 |
Cole v Whitfield Absolutely Free Trade? | 336 |
The Labour Relations Power in the Constitution and Public Sector Employees | 356 |
The Implied Freedom of Political Communication | 384 |
Index | 413 |
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Aboriginal allegations amendment argument Australian Constitution Australian constitutional law Australian Federation Australian Social Welfare Bank Barwick Bill Blackshield Boilermakers Brennan Chifley Cole Cole v Whitfield colonies Commission Committee Commonwealth Constitution Commonwealth Parliament Communist Party Conciliation and Arbitration constitutional law Convention Cth Parl debate decision discrimination Dismissal doctrine double dissolution effect election Engineers Evatt exercise framers Fullagar Gaudron George Winterton Government Governor-General High Court House of Representatives Ibid immunities implied freedom Income Tax industrial dispute Industrial Relations interpretation interstate trade invalid issue judges judgment judicial power jurisdiction Kerr Law Review legislation Lionel Murphy majority Mason matter McTiernan Melbourne University Menzies Murphy Native Title Owen Dixon parliamentary Prime Minister Privy Council protection protectionist provisions Pty Ltd Queensland question race power reserved State powers Sawer Senate Social Welfare Union South Wales Sydney Tasmanian Dam Uniform Tax validity Victoria Western Australia Whitlam Winterton
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Page 214 - Representatives, in the same or the next session, again passes the proposed law with or without any amendments which have been made, suggested, or agreed to by the Senate, and the Senate rejects or fails to pass it, or passes it with amendments to which the House of Representatives will not agree, the GovernorGeneral may dissolve the Senate and the House of Representatives simultaneously.
Page 193 - racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or Impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms In the political, economic, social, cultural or any other field of public life.
Page 58 - Conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State.
Page 314 - No appeal shall be permitted to the Queen in Council in any matter involving the interpretation of this Constitution or of the Constitution of a State, unless the public interests of some part of Her Majesty's Dominions, other than the Commonwealth or a State, are involved.
Page 313 - The decision of the Supreme Court shall in all cases be final and conclusive, and shall not be reviewed or capable of being reviewed by any other Court, Tribunal or Authority whatsoever.
Page 215 - House and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives shall be taken to have been carried, and if the proposed law, with the amendments, if any, so carried is affirmed by an absolute majority of the total number of the members of the Senate and House of Representatives, it shall be taken to have been duly passed by both Houses of the Parliament, and shall be presented to...
Page 227 - Assent shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time which has elapsed since the date of the former Bill, or to represent any amendments which...
Page 146 - In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time...