David Long

Australia's American Constitution and the Dismissal (eBook, ePUB)

How English Legal Science Marred the Founders' Vision

• Format: ePub

Produktbeschreibung

David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General's 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.

Produktdetails

• Verlag: Bloomsbury eBooks US
• Seitenzahl: 328
• Erscheinungstermin: 28. April 2021
• Englisch
• ISBN-13: 9781793641960
• Artikelnr.: 61520996

Autorenporträt

Well received by reviewers and readers alike, David Long has been a writer since leaving a first-class university with a second-class degree in the 1980s. He is fascinated by those strange, semi-hidden corners of England most of us cease to notice because we walk by them so often. Whilst a columnist for the Sunday People he created a popular weekly cartoon strip which appeared in the Times, and continues to write for a wide diversity of newspapers and magazines both in Britain and abroad. Many of his most popular and best-reviewed books reflect his longstanding interest in the less well-known aspects of Britain, its architecture and eccentric inhabitants - subjects, he says, which simply never run dry. He has written Bizarre England and Lost Britain for Michael O'Mara Books.

Inhaltsangabe

Chapter 1: The Issues
Chapter 2: The Constitutional Convention, 1897-98
Chapter 3: The Early Court
Chapter 4: The Engineers' Case
Chapter 5: The High Court after Engineers
Chapter 6: Governor-General's Reserve Powers