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Australia's American Constitution and the Dismissal

Australia's American Constitution and the Dismissal

How English Legal Science Marred the Founders' Vision

by David Long
Hardback
Publication Date: 30/04/2021

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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.

ISBN:
9781793641953
9781793641953
Category:
Comparative law
Format:
Hardback
Publication Date:
30-04-2021
Language:
English
Publisher:
Rowman & Littlefield Publishing Group, Incorporated
Country of origin:
United States
Dimensions (mm):
238.25x165.35x30.23mm
Weight:
0.66kg
David Long

David Long is a journalist and author of non-fiction for both adults and children. A writer since leaving university, his work has appeared in the Sunday Times and London's Evening Standard.

His engaging non-fiction reflects his unquenchable thirst for fascinating stories from the past, and in 2017 his book Survivors won the Blue Peter Award for the best book with facts.

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