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The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand - Hardcover
The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.
This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century.
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This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century.
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Review:
Oliver has provided scholars..with a subtle, dense but always lucid account which adds a new historical, comparative, and conceptual sharpness. (Edinburgh Law Review)
an excellent example of how history and legal theory can be mutually illuminating (David Dyzenhaus, Public Law)
A work of formidable scholarship ... scholarly, rigorous and illuminating (Andrew McDonald, Law and Politics Book Review)
A fascinating read. (The Commonwealth Lawyer)
About the Author:
an excellent example of how history and legal theory can be mutually illuminating (David Dyzenhaus, Public Law)
A work of formidable scholarship ... scholarly, rigorous and illuminating (Andrew McDonald, Law and Politics Book Review)
A fascinating read. (The Commonwealth Lawyer)
Peter Crawford Oliver is Senior Lecturer at the School of Law, King's College London.
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- PublisherOUP Oxford
- Publication date2005
- ISBN 10 0198268955
- ISBN 13 9780198268956
- BindingHardcover
- Number of pages388
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The Constitution of Independence: The Development of Constitutional Theory in Australia; Canada; and New Zealand
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THE CONSTITUTION OF INDEPENDENCE
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The Constitution of Independence (Hardcover)
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Book Description Hardcover. Condition: new. Hardcover. The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the UnitedKingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenouspeoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system,concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of theconstitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on Traces constitutional theory in Australia, Canada, and New Zealand from early domination by British Imperial ideas, through contemplation of constitutional equality, to the eventual achievement of irreversible constitutional independence in the 1980s. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780198268956
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The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand
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The Constitution of Independence (Hardcover)
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Book Description Hardcover. Condition: new. Hardcover. The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the UnitedKingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenouspeoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system,concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of theconstitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on Traces constitutional theory in Australia, Canada, and New Zealand from early domination by British Imperial ideas, through contemplation of constitutional equality, to the eventual achievement of irreversible constitutional independence in the 1980s. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780198268956
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