What does Australia’s Constitution say about national identity? A conventional answer might be ‘not much’. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation. This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia’s national identity.
Andrew Inglis Clark (1848-1907) was a remarkable Tasmanian. A lawyer, Attorney-General, judge and a 'father of federation', he was also a reformist politician and radical thinker. He read and travelled widely, and corresponded with prominent figures of like mind both within and beyond Australia. Clark produced the first draft of the Australian Constitution, in which he melded elements of the British and United States systems of government. Upon his framework our Constitution was made. Yet his considerable contribution to our federal system of government has largely been overlooked. Clark was perhaps the only founder of federation whose biography remained to be written. This book remedies that lacuna at a most appropriate time, in the centenary year of the federation of Australia.
Details the reforms essential to successfully absorb a diverse migrant population and provides the historical context for current debates on these topics.
On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.
This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
John Locke's Second Treatise of Government (c. 1681) is perhaps the key founding liberal text. A Letter Concerning Toleration, written in 1685 (a year when a Catholic monarch came to the throne of England and Louis XVI unleashed a reign of terror against Protestants in France), is a classic defense of religious freedom. Yet many of Locke's other writings--not least the Constitutions of Carolina, which he helped draft--are almost defiantly anti-liberal in outlook. This comprehensive collection brings together the main published works (excluding polemical attacks on other people's views) with the most important surviving evidence from among Locke’s papers relating to his political philosophy. David Wootton's wide-ranging and scholarly Introduction sets the writings in the context of their time, examines Locke's developing ideas and unorthodox Christianity, and analyzes his main arguments. The result is the first fully rounded picture of Locke’s political thought in his own words.
