Please note: In order to keep Hive up to date and provide users with the best features, we are no longer able to fully support Internet Explorer. The site is still available to you, however some sections of the site may appear broken. We would encourage you to move to a more modern browser like Firefox, Edge or Chrome in order to experience the site fully.

Supporting your high street Find out how »
Australia's American Constitution and the Dismissal : How English Legal Science Marred the Founders' Vision, Hardback Book

Australia's American Constitution and the Dismissal : How English Legal Science Marred the Founders' Vision Hardback

Hardback

Out of stock

Description

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.

Information

Save 6%

£97.00

£90.55

Out of stock
Add to Basket
Sign in to add to wishlist
 
Free Home Delivery

on all orders

 
Pick up orders

from local bookshops

Information