The Constitution of the Australian Capital Territory provides a detailed reference work for those who need to understand the constitutional arrangements that exist for the government of the Australian Capital Territory. It provides an outline and explanation of the Commonwealth laws which make up the constitution of the Australian Capital Territory, most importantly the Australian Capital Territory (Self-Government) Act 1988 (Cth). The book also covers: the establishment of the Territory and the history of its government since 1911; a detailed examination of the Commonwealths constitutional power to make laws for the government of the Territory and the extent to which the power in s. 122 of the Constitution is qualified by other provisions of the Constitution; the granting of self-government in 1989; the constitutional framework for the Legislative Assembly and the power of the Assembly to make laws and the scope of executive and judicial power in the Territory, and the division of responsibilities for land management in the Territory between the Commonwealth and Territory governments.--

Research guide

The Australia Acts, one enacted in Australia and the other in the United Kingdom, are fundamental constitutional documents for Australia: they terminated the remaining constitutional links between the two countries. Negotiated behind closed doors, little has been known of their background and purpose.Using previously confidential documents, this book reveals what was intended, what was disputed and what was rejected. It analyses each provision, its background, objectives, drafting changes and its current operation. It also provides a close analysis of the power to enact the Australia Acts, the validity of the provisions and their impact on the Crown and Australia's independence.The book addresses fundamental historical, political and constitutional matters, such as:the current basis for Australian sovereignty and the binding nature of the Constitution the relationship between federalism and the Crownthe status of the Queen of Australia and whether there is also a separate Queen of each State, and the source of the power to amend Australia's constitutional documents and the limits on its exercise. It is also essential for those who need to ascertain the extent of State legislative power, including:the reach of the extra-territorial power of the States and whether a nexus is neededwhether the States can constitutionally entrench laws, such as a bill of rightswhy the States cannot abdicate or limit the scope of their legislative powerswhether the States can apply the Australia Acts with retrospective effect to validate defective State laws.

Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.