Harris's A New Constitution for Australia (Australian) PDF

By Harris

ISBN-10: 1876905069

ISBN-13: 9781876905064

The final hundred years have obvious many social alterations in Australia. the numerous shortcomings in Australias structure were exposed,leading to the present debate on an Australian republic.

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Extra info for A New Constitution for Australia (Australian)

Example text

I think not. If that is the case, then surely it means that we should begin by examining what the best Constitution for Australia would be, and then address the practical question of how to achieve reform? Let us, at least, prepare an alternative which is worthwhile presenting to the Australian people, before worrying about how reform is to be achieved. Such an alternative is presented for consideration in the Appendix, which contains the text of a new Constitution, drafted in accordance with the recommendations found in the rest of the book.

Essentially this depends on how one drafts one’s Bill of Rights. The more specific the rights are, the less room for interpretation there is by the courts—so if, for example, instead of stating that suspects were entitled to ‘due process’ while in police custody, the Bill of Rights specified what ‘due process’ meant (for example, being informed of why one was being arrested and of one’s right to legal counsel, et cetera), the courts would not be put in the position of having to give meaning to the term ‘due process’.

1610) 8 Co Rep 113; 77 ER 647. (1842)8 Cl & F 710; 8 ER 279. [1984] 1 NZLR 116, 121. [1984] 1 NZLR 394. Cooke, 1988. L v M [1979] 2 NZLR 519, 527. New Zealand Drivers’ Association v New Zealand Road Carriers [1982] 1 NZLR 374, 390. 9 A New Constitution for Australia In Australia, Murphy J not only found a number of rights implicit in the text of the Commonwealth Constitution17 (thereby anticipating the High Court’s finding in Australian Capital Television v Commonwealth (No 2)18), but also stated, in McGrawHinds (Australia) Pty Ltd v Smith,19 that some implied rights arose ‘from the nature of the society which operates the Constitution’.

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A New Constitution for Australia (Australian) by Harris


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