The Naked Australian Constitution: Interpretations, Inadequacies, and Implications

Author:   Ian Killey ,  Matt Harvey
Publisher:   Lexington Books
ISBN:  

9781666908862


Pages:   246
Publication Date:   15 July 2022
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Our Price $190.00 Quantity:  
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The Naked Australian Constitution: Interpretations, Inadequacies, and Implications


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Author:   Ian Killey ,  Matt Harvey
Publisher:   Lexington Books
Imprint:   Lexington Books/Fortress Academic
Dimensions:   Width: 15.90cm , Height: 2.10cm , Length: 22.90cm
Weight:   0.494kg
ISBN:  

9781666908862


ISBN 10:   166690886
Pages:   246
Publication Date:   15 July 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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?

Reviews

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. -- Greg Taylor, University of Adelaide


Author Information

Ian Killey is sessional lecturer and tutor at Australian Catholic University and an experienced senior lawyer who has worked in the public sector for over 30 years.

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