Reflections on the Australian Constitution

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Robert French, Geoffrey Lindell, Cheryl Saunders
Federation Press, 2003 - Law - 266 pages
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Leading Australian constitutional practitioners and scholars come together in this volume to reflect on 100 years of the Australian Constitution and on possible directions for the future. The essays are designed both to evaluate the Australian Constitution, in the light of the experience of the past 100 years, and to identify issues for the future. Most of the authors are prominent figures in Australian constitutional law at the turn of the past century. Some are distinguished in the practice of constitutional law: a former Chief Justice of Australia, Sir Anthony Mason; a senior Justice of the Federal Court of Australia, who also was the inaugural President of the Native Title Tribunal, Justice Robert French (recently appointed to the High Court of Australia); a leader of the constitutional Bar, David Jackson QC. Others are well-known constitutional scholars: Leslie Zines, George Winterton, Geoffrey Lindell, Brian Opeskin, George Williams, Cheryl Saunders, John Waugh and Christos Mantziaris. The two exceptions are equally distinguished, but for other reasons. Professor John White is a leader of the Australian scientific community. Professor Thomas Fleiner is a leading international constitutional scholar and a former president of the International Association of Constitutional Law. One of the strengths of the book is the breadth and depth of knowledge of its authors. In reflecting on their collective experiences over at least the last two decades of the 20th century, it adds an important new layer to the foundation of constitutional experience on which the next generation of scholars and practitioners may build.
 

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Contents

The Australian Constitution in Retrospect and Prospect
7
Lawyers Historians and Federation History
25
The Acquisition of Independence
31
Further Reflections on the Date of the Acquisition
51
The Constitution and the People
60
Changing Attitudes to Federalism and its Purpose
86
Internationalisation of Rights and the Constitution
105
National Science and Industry Policy Balancing
116
The Executive A Common Law Understanding of Legal
125
Australian Constitutional Law in a Global Era
171
Globalisation of the Constitution The Impact
192
Future Prospects for the Australian Constitution
212
The Age of Constitutions
236
Index
247
Copyright

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About the author (2003)

Russ Vince is Professor of Organizational Learning at the Business School, The University of Glamorgan.
Robert French is Senior Lecturer in Organization Behaviour at Bristol Business School, The University of the West of England.

Cheryl Saunders is one of Australia's leading scholars in the fields of comparative and international law. She is the Director of the Centre for Comparative Constitutional Studies at the University of Melbourne. She has been an adviser to many governments in the region on the question of constitutional development and reform.

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