Preface; Table of statues and executive instruements; Table of cases; Introduction: Australia as a federal commonwealth; Part I. Federalism: 1. Conceptualising federalism; 2. Reframing the analysis; Part II. Federating Australia: 3. Models and sources; 4. Australian appropriations; 5. Constitutional foundations; 6. Formative institutions; Part III. Australian Federation: 7. Principles of representation; 8. Representative institutions; 9. The states and the Commonwealth; 10. Configurations of power; 11. Amendment procedures; Part IV. Conclusions: 12. A federal commonwealth; Select provisions; Bibliography; Index.
This book describes how ideas about federalism influenced those who drafted the Australian Constitution.
Nicholas Aroney is a Reader in Law at the T.C. Beirne School of Law, University of Queensland, a member of the Australian Association of Constitutional Law and a fellow of the Centre for Public, International and Comparative Law at the University of Queensland.
'… I can think of no higher praise of Dr Aroney's book, The
Constitution of a Federal Commonwealth: The Making and Meaning of
the Australian Constitution … [His book] is as important as its
subject is fascinating for Australian lawyers … Dr Aroney makes a
compelling case.' Hon. Justice Patrick Keane, Court of Appeal,
Supreme Court of Queensland
'… an excellent investigation of the historical origins of the
Australian federal system, with unusually detailed coverage of the
prevailing political theories of federal constitutionalism: with
impressive sketches of how the colonial framers interpreted such
luminaries on federalism as Madison, Bryce, Freeman, Dicey, and
Burgess.' The Journal of Legislative Studies
'I would commend The Constitution of a Federal Commonwealth: The
Making and Meaning of the Australian Constitution to students,
academics and scholars of constitutional law as providing fresh
insights into the well traversed topic of federalism. It is my
opinion that this book must now be regarded as an obligatory
reference on the subject of federalism. I hope that Aroney's new
federal theory will be acknowledged and referred to by the High
Court when they next consider issues of federalism and
constitutional interpretation.' Michelle Evans, eLaw Journal:
Murdoch University Electronic Journal of Law
'… this book makes an important contribution to the study of the
history of the Australian constitutional system and of the concept
of federalism … but its threefold significance goes far beyond the
Australian case. First, the work liberates us from the habit of
always understanding federal experience by reference to the
emblematic example of the United States … Next, the thesis
convincingly demonstrates the link between the genesis of the
Australian constitution and its content and, if correct, refutes
the principal arguments of German and French scholarship … that to
study any constitution the jurist must separately consider legal
history, constitutional history and constitutional law … [Finally,
in so doing], the book advances a radically new way of
understanding federalism … Aroney's book is a model for all who
would boldly re-interpret the historical formation of modern
federations.' Olivier Beaud, Jus Politicum: Revue de droit
politique
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