3 Australia: Devotion to Legalism

2007 ◽  
Author(s):  
Goldsworthy Jeffrey
Keyword(s):  
United Kingdom ◽  
British Empire ◽  
Separation Of Powers ◽  
Constitutional Interpretation ◽  
Judicial Interpretation ◽  
State Constitutions ◽  
The United Kingdom ◽  
Federal Constitution ◽  
Structural Principles ◽  
British Colonies

The Commonwealth of Australia is a federation of six states, whose constitution was enacted by the United Kingdom Parliament in 1900, when Australia was part of the British Empire. The six states had previously been separate British colonies, each with its own constitution that continued in force after 1900, although subject to the new federal constitution. The authority of the United Kingdom Parliament to change Australian law was not formally terminated until 1986, when the Australia Act was passed by both the United Kingdom and the Commonwealth Parliaments. The fundamental documents of Australian constitutional law therefore comprise the federal constitution, the Australia Act, and the six state constitutions. This chapter looks at Australia's constitution and its origins and structure, judicial interpretation of the federal constitution, judicial review, High Court and its judges, problems and methods of constitutional interpretation, causes of interpretive difficulties, sources of interpretive principles, current interpretive methodology, extrinsic evidence of framers' intentions and purposes, ‘structural’ principles and implications, separation of powers, balance between legitimate and illegitimate creativity, and institutional and cultural factors underlying constitutional interpretation.

The Booker Prize and Post-Imperial British Literature

2021 ◽  
Author(s):  
Chris Holmes
Keyword(s):  
United Kingdom ◽  
British Literature ◽  
Economic Value ◽  
Anglophone Literature ◽  
The United Kingdom ◽  
History Of ◽  
English Speaking ◽  
Commonwealth Of Nations ◽  
English Speaking World ◽  
British Colonies

In the particular and peculiar case of the Booker Prize, regarded as the most prestigious literary award in the United Kingdom (as measured by economic value to the author and publisher, and total audience for the awards announcement), the cultural and economic valences of literary prizes collide with the imperial history of Britain, and its after-empire relationships to its former colonies. From its beginnings, the Booker prize has never been simply a British prize for writers in the United Kingdom. The Booker’s reach into the Commonwealth of Nations, a loose cultural and economic alliance of the United Kingdom and former British colonies, challenges the very constitution of the category of post-imperial British literature. With a history of winners from India, South Africa, New Zealand, and Nigeria, among many other former British colonies, the Booker presents itself as a value arbitrating mechanism for a majority of the English-speaking world. Indeed, the Booker has maintained a reputation for bringing writers from postcolonial nations to the attention of a British audience increasingly hungry for a global, cosmopolitan literature, especially one easily available via the lingua franca of English. Whether and how the prize winners avoid the twin colonial pitfalls of ownership by and debt to an English patron is the subject of a great deal of criticism on the Booker, and to understand the prize as a gatekeeper and tastemaker for the loose, baggy canon of British or even global Anglophone literature, there must be a reckoning with the history of the prize, its multiplication into several prizes under one umbrella category, and the form and substance of the novels that have taken the prize since 1969.

scholarly journals The Application of the Constitutional Convention in Malaysia

2020 ◽  
Vol 13 (2) ◽  
pp. 155
Author(s):  
Nazri Muslim ◽  
Osman Md Rasip ◽  
Khairul Hamimah Mohammad Jodi ◽  
Abdullah Ibrahim ◽  
Otong Rosadi
Keyword(s):  
United Kingdom ◽  
Social Contract ◽  
Prime Minister ◽  
Collective Responsibility ◽  
The Political ◽  
Political Ethics ◽  
Constitutional Convention ◽  
The United Kingdom ◽  
Federal Constitution ◽  
The Social

In Malaysia, there is no one institution that can outdo the supremacy of the Federal Constitution. Even the three government bodies that refer to the power separation doctrine which is the legislative, judiciary and executive bodies even the Yang di-Pertuan Agong are under this Federal Constitution. The constitution can be divided into two, written and non-written constitution. The written constitution is the form of constitution that is gathered and arranged in one document. The non-written counterpart encompasses all of the constitutional principles not compiled in one document such as the law endorsed by the Parliament and the verdicts of the court such as in the United Kingdom. Other than the constitution, there are certain practices that are thought to be part of the principles of the constitution. This is known as the Constitutional Convention or the customary practice of the Constitution. Constitutional convention is a non-legislative practice and it is similar to the political ethics and not enforced in court. Although it seems trivial, it is important for this practice to be complied with, otherwise it is difficult for the constitution to work successfully as the constitutional convention cannot be brought to court and forced to be obeyed. Thus, the discussion of this article rests on the constitutional convention in terms of the social contract, the appointment of the Prime Minister, the appointment of the country’s main positions and collective responsibility.

Home and Away. The Enlistment of Australian, Canadian, New Zealand, and South African Men in Dominion Expeditionary Forces in the United Kingdom during the Great War

Itinerario ◽  
2014 ◽  
Vol 38 (3) ◽  
pp. 45-58
Author(s):  
John Connor
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
South African ◽  
British Empire ◽  
Australian Government ◽  
South Africans ◽  
The United Kingdom ◽  
Canadian Citizenship ◽  
The Uk ◽  
The Great War

On the outbreak of war, men from the Dominions were scattered across the British Empire. As each Dominion began recruiting their expeditionary forces at home, the issue arose whether these expatriates, especially those resident in the United Kingdom, should join the British Army or be able to enlist in their Dominion's force. Canada and New Zealand allowed recruiting for the CEF and NZEF in the UK. Many Anglophone White South Africans joined a “colonial” battalion of the Royal Fusiliers. The Australian Government refused to allow Australians in the UK to join the AIF, despite the repeated requests of the Australian expatriate community. This paper examines the questions of British and sub-Imperial Dominion identities as well as the practical policy considerations raised by this issue. It argues that there is some evidence of nascent Dominion nationalism—the Canadian High Commission in London issued what became known as “a Certificate of Canadian Citizenship” to expatriates— but that Dominion Governments generally based their decisions on this issue based on cost and domestic political considerations.

Britain, Commonwealth and the End of Empire

2004 ◽  
Author(s):  
Robert Holland
Keyword(s):  
Twentieth Century ◽  
United Kingdom ◽  
Great Britain ◽  
British Empire ◽  
Public Discourse ◽  
Due Process ◽  
The United Kingdom ◽  
History Of ◽  
British Commonwealth

This chapter examines the history of Great Britain, the British Commonwealth, and the end of the British Empire in the twentieth century, suggesting that the twentieth century ended in Britain as it began, with the constitutional structure of the United Kingdom a contested and vital subject of public discourse. It concludes that the transitions that characterised the Empire-Commonwealth over the twentieth century were ultimately constrained within the due process of British constitutionalism.

Conclusion The American and Westminster Models

2021 ◽  
pp. 391-396
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
The United States ◽  
State Of Emergency ◽  
The United Kingdom ◽  
European Court

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

1. Theorizing EU institutions: Why they matter for politics and international relations

2017 ◽  
Author(s):  
Dermot Hodson ◽  
John Peterson
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Relations ◽  
Separation Of Powers ◽  
New Institutionalism ◽  
Integration Theory ◽  
The United Kingdom ◽  
Theoretical Approaches ◽  
Institutional System ◽  
The Eu

This edition examines why and how European Union institutions matter. It discusses the origins and development of EU institutions as well as their structures, functions, and powers. It also considers how a particular institution fits into the EU’s long wider institutional system, which theories help us best to understand the institution, and how the institution is likely to be changed by the EU’s long constitutional crisis and continued turmoil over the euro. This chapter provides a brief history and a taxonomy of EU institutions and considers the crises confronting EU institutions, including the referendum vote in the United Kingdom in 2016 to leave the EU. It also describes three competing theoretical approaches to the study of EU institutions: integration theory, the new institutionalism, and the separation of powers tradition. Finally, it looks at debates about the accountability of EU institutions.

Catalogue of Tamil manuscripts in the Library of the Wellcome Institute for the History of Medicine

1990 ◽  
Vol 122 (2) ◽  
pp. 359-369
Author(s):  
S. Gunasingam
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
United Kingdom ◽  
South Asia ◽  
History Of Medicine ◽  
British Empire ◽  
South Asian ◽  
African Countries ◽  
The United Kingdom ◽  
History Of

Since the time South Asia, together with other Asian and African countries, became an integral part of the British Empire, the significance of manuscripts, published works and other artefacts, relating to those regions has stimulated continued appreciation in the United Kingdom, albeit with varying degrees of interest. It is interesting to note that the factors which have contributed in one way or another to the collecting of South Asian I material for British institutions vary in their nature, and thus illuminate the attitudes of different periods. During the entire nineteenth century, the collectors were primarily administrators; for most of the first half of the twentieth century, it was the interest and the needs of British universities that led to the accumulation of substantial holdings in many academic or specialist libraries.

New Zealand and the Singapore Base between the Wars

1971 ◽  
Vol 2 (1) ◽  
pp. 2-21
Author(s):  
W. David McIntyre
Keyword(s):  
Hong Kong ◽  
United Kingdom ◽  
New Zealand ◽  
British Empire ◽  
The United Kingdom ◽  
United Kingdom Government ◽  
Do So ◽  
Naval Base

New Zealand was one of the first parts of the British Empire to offer Britain help in the building of the Singapore naval base and was the only Dominion to do so. It is true that considerable financial help was given by the Straits Settlements. Hong Kong, the Federated Malay States and the Sultan of Johore. Australia's naval programme was, also, based on the assumption that the base would be built. But the Reform Party Ministry in New Zealand was the only democratically elected government which supported the United Kingdom Government with a vote of funds.

scholarly journals Crown and Foreign acts of State Before British Courts

2019 ◽  
pp. 714-732
Author(s):  
Eirik Bjorge ◽  
Cameron Miles
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Separation Of Powers ◽  
Case Law ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Full Picture ◽  
The Relationship ◽  
Made In

The Supreme Court of the United Kingdom undertook in Rahmatullah v. Ministry of Defence and Belhaj v. Straw to demarcate the relationship between the judiciary and the executive with respect to Crown and foreign act of state. This chapter aims to unpack Rahmatullah and Belhaj for the reader and further to use these decisions to enquire into the constitutional underpinnings of the British act of state doctrines—particularly as they pertain to the separation of powers. The chapter concludes that there exists a general uncertainty regarding the scope of the doctrines, and a lack of jurisprudential development with respect to their constitutional underpinnings. But it is undeniable that progress, however minor, has been made in these decisions. The scene has been set in Rahmatullah and Belhaj for further developments—even if litigants will still need to refer to the earlier case law in order to get the full picture.

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