The Constitution of Independence
The Development of Constitutional Theory in Australia, Canada, and New Zealand
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 April 2005
- ISBN 9780198268956
- Binding Hardback
- No. of pages392 pages
- Size 243x162x27 mm
- Weight 733 g
- Language English 0
Categories
Short description:
The Constitution of Independence traces constitutional theory in Australia, Canada, and New Zealand from early domination by British Imperial ideas, through contemplation of constitutional equality, to the eventual achievement of irreversible constitutional independence in the 1980s. In these countries, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas.
MoreLong description:
The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.
This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century.
on
Oliver has provided scholars..with a subtle, dense but always lucid account which adds a new historical, comparative, and conceptual sharpness.
Table of Contents:
Introduction
Part I: the Imperial Constitution
The Imperial Dominions
Parliamentary Sovereignty in the Empire and Commonwealth: Dicey's Dominions and Dogmas
Theories of Parliamentary Sovereignty after 1931: New and Revised
Part II: Constitution to Independence
canada I: Confederation and the Imperial Theory
Canada II: An Independent Constitutional Theory
Canada III: The Patriation Reference
New Zealand: Waitangi, Westminster, and Wellington
Australia I: Colonies, Conventions, and Canberra
Australia II: Westminster to Canberra
Part III: Constitutional Independence
Legal Continuity or Disguised Revolution?
Theoretical Approaches to Sovereignty and Legal System
Constitutional Continuity and Constitutional Independence
Conclusion
