Book contents
- The Cambridge Legal History of Australia
- The Cambridge Legal History of Australia
- Copyright page
- Contents
- Figures
- Maps
- Contributors
- Maps
- 1 Editors’ Introduction
- I Cultures of Law
- II Public Authority
- 5 Colonial Settlement to Colony
- 6 Colonial Self-government
- 7 Federation
- 8 Constitutionalism in Australia
- 9 Indigenous Governance
- III Public Authorities in Encounter
- IV Land and Environment
- V Social Organisation
- VI Social Ordering
- VII Reckonings
- Index
8 - Constitutionalism in Australia
from II - Public Authority
Published online by Cambridge University Press: 04 August 2022
- The Cambridge Legal History of Australia
- The Cambridge Legal History of Australia
- Copyright page
- Contents
- Figures
- Maps
- Contributors
- Maps
- 1 Editors’ Introduction
- I Cultures of Law
- II Public Authority
- 5 Colonial Settlement to Colony
- 6 Colonial Self-government
- 7 Federation
- 8 Constitutionalism in Australia
- 9 Indigenous Governance
- III Public Authorities in Encounter
- IV Land and Environment
- V Social Organisation
- VI Social Ordering
- VII Reckonings
- Index
Summary
This chapter explores the history of Australian constitutionalism. To this end, it necessarily develops a definition of constitutionalism that fits the sometimes-distinctive Australian approach but that also is plausible from the standpoint of global theory and practice. To assist to frame the historical story, the chapter identifies a series of continuing influences on Australian constitutionalism, including the sources on which it draws; the implications of the long Indigenous relationship with country; the nature and duration of colonial status from 1788; and the early impetus towards electoral democracy. Against that background, the chapter traces the historical development of written Constitutions in Australia; of the role of popular sovereignty, including conceptions of the people; of the character and extent of constitutional limits on public power; and of judicial review. It concludes with some brief reflections on the principal features of Australian constitutionalism now and some of the challenges that it faces.
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- The Cambridge Legal History of Australia , pp. 161 - 185Publisher: Cambridge University PressPrint publication year: 2022
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