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.

Places the constitutional framework of the State in its historical and political context and provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW) including their legislative history and examples of their use.

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

Explains and illustrates the major legal principles governing the formation, operation and termination of partnerships and the way they apply in practice, and incorporates updates to all statutory references and to all major new cases, expands on existing explanations and, where relevant, includes additional case examples to illustrate how those principles apply in practice.

Using previously secret government documents, The Chameleon Crown re-writes the history of Australia's relationship with the United Kingdom and the Crown. It makes clear that the Australian States remained colonial dependencies of the British Crown until 1986 when the Australia Act was passed. It was the 'Queen of the United Kingdom', not the 'Queen of Australia' who reigned over them. For many decades historians, lawyers and politicians believed that the British Government's role in advising the Queen on State matters was simply a formality and that the British merely provided the 'channel of communication' for State advice. This book reveals for the first time the true extent of the independent role played by the British Government in State affairs as well as the significant role of the Queen. The Chameleon Crown takes the reader behind the scenes into the confidential negotiations between the States, the Commonwealth, the British Government and Buckingham Palace on the termination of the colonial links between the States and the United Kingdom. This was a battle of high politics, played by the likes of Whitlam, Murphy, Bjelke-Petersen, Wran, Fraser, Hawke, in which the sovereignty of the States was at stake. It is essential reading for those interested in Australian politics, history and the monarchy. A NSW Sesquicentenary of Responsible Government publication.

This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.

Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.