State Constitutional LandmarksGeorge Winterton Federation Press, 2006 - 458 pages Fifteen landmark cases and controversies of parliamentary government in the Australian colonies and States are recounted in all their political and legal drama by some of Australias leading constitutional scholars. Topics covered include the amazing saga of Justice Boothby in the 1860s; Privy Council decisions establishing the plenary power of colonial legislatures; the dismissal of New South Wales (NSW) Premier Jack Lang in 1932; the resolution of deadlocks between State legislative Houses; the making of the Australia Acts 1986; debate on the separation of judicial power in the States; the survival of the NSW Legislative Council; the power to expel an MP in NSW; one-vote, one-value in Western Australia; affirmation of the rule of law in Western Australia; the Franca Arena saga in NSW; and the power to force ministers to produce documents in NSW. |
Contents
| 21 | |
| 52 | |
Thomas McCawley v The King | 69 |
Trethowans Case | 98 |
The Dismissal of the Lang Government | 129 |
Clayton v Heffron | 161 |
Deadlocks in State Parliaments | 185 |
Tonkin v Brand Triumph for the Rule of Law | 211 |
The Making of the Australia Acts 1986 | 267 |
Egan v Willis and Egan v Chadwick The Triumph of Responsible Government | 298 |
Arena v Nader and the Waiver of Parliamentary Privilege | 331 |
BLF v Minister for Industrial Relations The Limits of State Legislative and Judicial Power | 362 |
The Kable Case A GuardDog that Barked But Once? | 390 |
McGinty v Western Australia Electoral Equality and the Demise of the Implied Rights Venture | 416 |
| 448 | |
Armstrong v Bud and the Power of Expulsion | 238 |
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accepted action advice advised Amendment Appeal applied appointment Arena argued argument Attorney-General authority Bill Boothby British claim colonial Commission Committee common Commonwealth concerned concluded conduct conference considered Constitution Act continued decision determine dismissal documents effect Egan Egan v Willis election electoral enacted Executive exercise federal functions fundamental further given Government Governor held High Court House Ibid Imperial implied Industrial interest issue judges judgment judicial Justice Kable Labor Legislative Assembly Legislative Council legislature limited majority manner matter McCawley ment Minister noted November Parliament parliamentary Party passed person political position Premier present Press principle privilege Privy Council proceedings proposed protect provisions Queen Queensland question reasoning referendum referred regarded rejected Relations Report representative respect responsible Review South Wales Supreme Court Sydney United University Upper House validity vote Western Australia