Relevant bibliographies by topics / Australia. Constitutional Convention

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  2. Dissertations / Theses
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Academic literature on the topic 'Australia. Constitutional Convention'

Author: Grafiati
Published: 4 June 2021
Last updated: 28 July 2025

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Journal articles on the topic "Australia. Constitutional Convention"

1

Scutt, Jocelynne Annette. "‘CHANGE THE CONSTITUTION? INTERPRETATION, (MIS)CALCULATION, WRONGS RIGHTED OR REACTION & REITERATION’." Denning Law Journal 30, no. 2 (2019): 121–75. http://dx.doi.org/10.5750/dlj.v30i2.1701.

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Since the United States adopted a written constitution as a consequence of the War of Independence, it is fair to say that most Western democracies with written constitutions have taken some guidance from that founding document. Inevitably, a key provision for any written constitution is ‘how can it be amended’. Even where there is an unwritten constitution (as for the United Kingdom, Aotearoa/New Zealand and Israel), the ‘rules’ established by convention or custom or some other means cannot be immutable: the passage of time or changing ideas require some means of altering or updating the rule
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Fleay, Jesse John, and Barry Judd. "The Uluru statement." International Journal of Critical Indigenous Studies 12, no. 1 (2019): 1–14. http://dx.doi.org/10.5204/ijcis.v12i1.532.

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From every State and Territory of Australia, including the islands of the Torres Strait over 200 delegates gathered at the 2017 First Nations National Constitutional Convention in Uluru, which has stood on Anangu Pitjantjatjara country in the Northern Territory since time immemorial, to discuss the issue of constitutional recognition. Delegates agreed that tokenistic recognition would not be enough, and that recognition bearing legal substance must stand, with the possibility to make multiple treaties between Aboriginal peoples and Torres Strait Islanders and the Commonwealth Government of Aus
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Spillman, Lyn. "“Neither the same Nation Nor Different Nations”: Constitutional Conventions in the United States and Australia." Comparative Studies in Society and History 38, no. 1 (1996): 149–81. http://dx.doi.org/10.1017/s0010417500020156.

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Debates in constitutional conventions in the United States in 1787 and Australia in 1897 reveal similarities and differences that illuminate the process by which nations became increasingly meaningful forms of social organization. Although the tone of these debates tended to be technical and pragmatic, focusing on specific concerns about the machinery of “good government,” convention delegates showed in their assumptions, their omissions, and in the claims and comparisons they repeated, what they were coming to perceive as commonalities. Claims about what identified the new nations were part o
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Engelmann, Frederick C. "A Prologue to Structural Reform of the Government of Canada." Canadian Journal of Political Science 19, no. 4 (1986): 667–78. http://dx.doi.org/10.1017/s0008423900055098.

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AbstractDespite a rash of proposals for structural change in the government of Canada, the constitutional changes of 1982 did not bring it about. There continues to be pressure for change, especially on the part of those desiring regional representation in a strengthened second chamber. The argument of the article is that only some changes, at the limit a Bundesrat-type chamber, are compatible with the majority principle on which parliamentary government is based. An elective Senate creates problems for parliamentary government in Australia and is basically incompatible with majority rule; the
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Lino, Dylan. "The Australian Constitution as Symbol." Federal Law Review 48, no. 4 (2020): 543–55. http://dx.doi.org/10.1177/0067205x20955076.

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According to a conventional story told by scholars, the Australian Constitution is virtually invisible as a symbol within Australian political debate and culture. This article challenges that conventional story, arguing that the Constitution plays a more significant public role than is commonly assumed. Analysing the ongoing debate over the constitutional recognition of Aboriginal and Torres Strait Islander peoples, the article highlights four prominent symbolic Constitutions: the practical, the liberal, the outdated and the exclusionary. These constitutional symbols are mobilised by different
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Castell-McGregor, Sally. "The South Australian Children’s Interest Bureau: Some Comments on its role with reference to implementing the UN Convention on the Rights of the Child at the local level." Children Australia 17, no. 2 (1992): 9–11. http://dx.doi.org/10.1017/s1035077200007926.

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This story begins with a letter. It is a bureaucratic letter and rather boring. But it has significance. It comes from the Department Of Immigration, Local Government and Ethnic Affairs. It may or may not surprise you to learn that this letter was sent to a twelve-year old girl, a British citizen, who was visiting her father, an Australian citizen, in Australia. The girl’s step-mother approached the Bureau and requested assistance to explain Immigration Department procedures to them and to ask for assistance in keeping the child in the country. The Immigration Department had threatened to take
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Olivier, Eliot. "Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power." Federal Law Review 40, no. 1 (2012): 69–88. http://dx.doi.org/10.22145/flr.40.1.3.

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Political controversies in New South Wales and Canada recently have focused public attention on the constitutional practice of proroguing parliament. They have also shone a light on two lingering areas of uncertainty that surround its operation under the Commonwealth Constitution. This article seeks to clarify these two muddy areas of the law concerning prorogation. The first is the effect of prorogation on the Senate and its committees. Since Federation, the Senate has purported to authorise its committees to continue to function notwithstanding a prorogation of the Parliament. However, it is
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Burton, Lisa. "Why These Three? the Significance of the Selection of Remedies in Section 75(V) of the Australian Constitution." Federal Law Review 42, no. 2 (2014): 253–77. http://dx.doi.org/10.22145/flr.42.2.2.

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Section 75(v) of the Australian Constitution gives the High Court original jurisdiction to hear ‘all matters … in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.’ This is said to guarantee the Court's ability to ensure that officers of the Commonwealth act within the law. Yet the s 75(v) jurisdiction is clearly limited. The Court is not authorised to hear all matters in which it is alleged that an officer of the Commonwealth has acted unlawfully; it is only given jurisdiction to hear matters in which a (somewhat surprising) selection o
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Gageler, Stephen. "Sir Robert Garran: Medio Tutissimus Ibis." Federal Law Review 46, no. 1 (2018): 1–17. http://dx.doi.org/10.22145/flr.46.1.1.

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Sir Robert Randolph Garran (10 February 1867-11 January 1957) played a unique role in the early development of the Commonwealth. As Secretary to the Drafting Committee of the Australasian Federal Convention of 1897 and 1898, he was intimately involved in the process by which the Australian Constitution was produced. As Secretary of the Attorney-General's Department from 1901 to 1932, he was responsible for drafting foundational Commonwealth legislation and he played a key part in establishing coherent interpretations of the Constitution in advice to successive Federal Governments. Three aspect
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Alenov, Marat Amradinovich, and Yerbol Abayevich Dyussenov. "GREENING OF DECISION-MAKING PROCEDURES IN THE FIELD OF PUBLIC PROCUREMENT." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 79 (2024): 82–89. https://doi.org/10.52026/2788-5291_2024_79_4_82.

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The article is devoted to the formation of tasks and development of mechanisms for taking into account environmental criteria in the field of public procurement. A review of program and strategic documents is conducted that address the need to develop the field of public procurement in the context of limiting the impact of factors harmful to health, preserving the quality of natural resources and new approaches in public administration. The article draws attention to the potential of the Aarhus Convention and highlights certain aspects for improving the practice of interaction with the public.
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Dissertations / Theses on the topic "Australia. Constitutional Convention"

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McGrath, Frank Roland. "Intentions of the Framers of the Commonwealth of Australia Constitution." Thesis, The University of Sydney, 2000. http://hdl.handle.net/2123/850.

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The thesis examines the speeches and debates in the Australasian Federation Conference of 1890, and the Australasian Federal Conventions of 1891 and 1897-8 for the purpose of establishing what the framers of the Commonwealth Constitution understood to be the meaning and purpose of the individual sections of the Constitution upon which they were called upon either to support or oppose. The particular matters involved in the examination are the manner and form in which the principles of responsible government were incorporated into the constitution, and the relationship of these p
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McGrath, Frank Roland. "The intentions of the framers of the Commonwealth of Australia Constitution in the context of the debates at the Australasian Federation Conference of 1890, and the Australasian Federal Conventions of 1891 and 1897-8 The understanding of the framers of the Constitution as to the meaning and purpose of the provisions of the Constitution which they debated at these assemblies /." Connect to full text, 2000. http://hdl.handle.net/2123/850.

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Thesis (Ph. D.)--University of Sydney, 2001.<br>Title from title screen (viewed Apr. 24, 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Dept. of History, Faculty of Arts. Degree awarded 2001; thesis submitted 2000. Includes bibliography and of tables of cases. Also available in print form.
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Bastoni, Jordan M. "The South Australian constitutional convention : why did it fail? /." Title page, table of contents and abstract only, 2005. http://web4.library.adelaide.edu.au/theses/09AR/09arb327.pdf.

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Kreibig, Dale Johanna. "Changing constitutions through constituent assemblies: an analysis of representation, interest, consensus, and partisanship at the Australian Constitutional Convention 1998, and the Renewal of Canada Conferences 1992." Phd thesis, 2007. http://hdl.handle.net/1885/8866.

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This thesis evaluates whether including constituents directly in negotiation proposals for formal constitutional change at constituent assemblies could improve the rate of formal change in Australia and Canada. Some analysts argue that there is little or no need for formal constitutional change, whilst others argue that the lack of it highlights the need to find new ways to debate proposed amendments. In the 1990’s, The Australian and Canadian federal governments departed from usual practice and convened constituent assemblies (or mini constituent assemblies) to debate the merits of a republic
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Killey, Ian David. "Police and the Executive." Thesis, 2017. https://vuir.vu.edu.au/37859/.

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This thesis examines the legal relationship between police and government in Australia to ascertain the extent to which the statutory forms and the understanding of those forms allow Australian police forces to be subject to direct or indirect government direction. The thesis also proposes areas of law reform to establish a constitutionally and legally coherent relationship. The methodology for the thesis is doctrinal and documentary. It involves examination of the statutory, parliamentary, judicial and historical record in Australia and comparable jurisdictions (predominantly United Ki
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Prince, Peter Herman. "Aliens in their own land. 'Alien' and the rule of law in colonial and post-federation Australia." Phd thesis, 2015. http://hdl.handle.net/1885/101778.

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This thesis argues that the ‘rule of law’ was not followed in colonial and post-federation Australia in relation to a fundamental principle of the common law. According to the rule in Calvin’s Case (1608), no person born as a ‘subject’ in any part of the King’s dominions could be an ‘alien’. This was the legal position in Australia from the reception of English law until well after federation. In colonial and post-federation Australia the racial meaning of ‘alien’ was consistently used in political and legal contexts instead of its proper legal mea
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Books on the topic "Australia. Constitutional Convention"

1

McRae, Heather. Australian Constitutional Convention 1973-1985: A guide to the archives. Centre for Comparative Constitutional Studies, University of Melbourne, 1998.

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2

Vizard, Steve. Two weeks in Lilliput: Bear-baiting and backbiting at the Constitutional Convention. Penguin, 1998.

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3

Alen. The popularly elected president: A demonstration denied. Alen's Page, 1999.

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Killey, Ian. Constitutional conventions in Australia: An introduction to the unwritten rules of Australia's constitiutions. Australian Scholarly Publishing, 2009.

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Vizard, Steve. Two Weeks in Lilliput: Amazing Times at the Republican Convention. Penguin Books Australia Ltd, 1998.

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6

Killey, Ian. Constitutional Conventions in Australia. Anthem Press, 2014.

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Killey, Ian. Constitutional Conventions in Australia. Anthem Press, 2014.

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8

Constitutional conventions in Australia: An introduction to the unwritten rules of Australia's constitiutions. Australian Scholarly Publishing, 2009.

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9

Markwell, Donald. Constitutional Conventions and the Headship of State: Australian Experience. Connor Court Publishing Pty Ltd, 2016.

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10

Brenton, Scott, and Brian Galligan. Constitutional Conventions in Westminster Systems: Controversies, Changes and Challenges. Cambridge University Press, 2015.

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Book chapters on the topic "Australia. Constitutional Convention"

1

Gabrielle, Appleby. "Part II Constitutional Domain, Ch.9 Unwritten Rules." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0010.

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This chapter attempts to develop a more comprehensive understanding of the Australian constitutional system through which government power is arranged, defined, and limited by investigating ‘unwritten’ constitutional rules. Unwritten constitutional rules are most usually associated with the constitutional conventions that govern the exercise of executive power, which is cursorily, nebulously, and at times somewhat misleadingly defined and vested in Chapter II of the Constitution. The chapter thus commences by defining the concept of ‘unwrittenness’ with respect to constitutional rules and rela
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2

OLIVER, PETER C. "Australia I: Colonies, Conventions and the Constitution." In The Constitution of Independence. Oxford University Press, 2005. http://dx.doi.org/10.1093/acprof:oso/9780198268956.003.0009.

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Weller, Patrick, Dennis C. Grube, and R. A. W. Rhodes. "Australia: Traditions and Practices." In Comparing Cabinets. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198844945.003.0003.

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The chapter describes the conventions and practices of Australian government. A variant of the Westminster system, it has a number of characteristics that define its workings and conventions: a written constitution, a federal system with potentially powerful state governments, and a High Court that can interpret that constitution. It also has a brutal political culture. These characteristics explain the ways in which Australian cabinet government differs from the English model from which it was derived, and the vulnerability of Australian prime ministers to removal by their own parties. These
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Robertson, David. "In Re Pepper 𝒱. Hart: Corn1nents on the Nature of Laws." In Judicial Discretion in the House of Lords. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198274421.003.0005.

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Abstract In October 1992 a minor change was made to the British Constitution, largely unnoticed outside the legal profession. The Appellate Committee of the House of Lords changed a procedural rule that has governed their decision making since the beginning of modem appellate jurisdiction. In order to interpret the true meaning of a statute, they consulted Hansard to find out what the minister responsible had told the Commons he intended the effect of the proposed legislation to be. They then drew the inference that a parliament so informed must also have intended the statute to have that mean
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King, Benjamin J. "Episcopacy and Empire." In The Oxford Movement and the People of God. Oxford University PressOxford, 2024. https://doi.org/10.1093/9780191802539.003.0006.

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Abstract This chapter concerns the Tractarians’ impact on Anglicanism in the British Empire. It begins with their theology of monarchical episcopacy, which High-Church bishops in the incipient Anglican Communion adapted into a form of constitutional episcopacy by founding synods of bishops, clergy, and laity. Many based their synods on the conventions of the Episcopal Church in the USA, although the difficulty with which that was done will be shown to depend on particular conditions within Australia, Canada, the West Indies, Southern Africa, and Hawaii. Primary sources reveal the theology of t
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Brendan, Lim. "Part III Themes, Ch.13 Legitimacy." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0014.

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This chapter charts the uneven progression since federation of popular sovereignty as a legitimating force in Australian constitutionalism. It describes how the sociological and moral facts which lie outside the constitution, but which shape our understanding of its legitimacy, can come to be incorporated within the constitution, and to shape our understanding of its law. The chapter begins with the particular conception of popular sovereignty that the Constitution introduced into the regime. This was a political rather than a juridical conception; a fact determining legitimacy rather than leg
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Zines, Leslie. "Freedom of Speech and Representative Government." In Freedom Of Expression And Freedom Of Information. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198268390.003.0003.

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Abstract In recent decades similar issues of freedom of speech, expression or communication have come before the courts of several countries. The issues have arisen in the context of applying the provisions of constitutions or international conventions and common law principles. The courts include those of the United States, Britain, Canada, Germany, India, Australia, New Zealand and the European Court of Human Rights. In all these cases the courts have accepted that special regard should be had to freedom of communication on matters pertaining to politics and government which, in the words of
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Johnson, Phillip. "The Evolution of Ambush Marketing Laws." In Ambush Marketing and Brand Protection, 3rd ed. Oxford University PressOxford, 2021. https://doi.org/10.1093/9780198845201.003.0002.

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Abstract This chapter traces how measures evolve to combat ambush marketing, beginning with symbol protection under conventions and national laws granting exclusive, distinctive rights to Olympic insignia. It examines twenty-first-century anti-ambush laws, spotlighting those for the Sydney 2000 Games, South Africa’s 2003 World Cup and events across Europe, Australia and New Zealand. The chapter reviews constitutional challenges in Portugal, Canada, Germany and South Africa and assesses effectiveness via studies that show deterrent impact and uncertainties for sponsors. It analyses policy debat
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