Australia''s Constitution After Whitlam

An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.

List of contents

Part 1. Introduction: I. New questions; II. The plan; Part 2. Informal Constitutional Change: I. The possibility of informal change; II. The identification of informal change; III. The legitimacy of informal change; Part 3. The Whitlam Dismissal: I. The standard narrative; II. The dismissal and the constitutional canon; III. The higher law narrative; IV. Conclusion; Part 4. The Murphy Affair: I. Events of 1975-86; II. Murphy and the standard narrative; III. Murphy and the higher law narrative; IV. Conclusion; Part 5. The Mason Court: I. Internal point of view; II. Dixon's orthodoxy; III. Popular sovereignty foreshadowed: 1962-86; IV. Popular sovereignty ascendant: 1987-95; V. Parliamentary supremacy returns: 1996-; VI. Conclusion; Part 6. The Howard Referendum: I. Constitutional law and identity; II. Whitlam and Republicanism; III. Republicanism reinvented; IV. Clash of grammars; V. Conclusion; Part 7. Conclusion.

About the author

Brendan Lim is a barrister at the New South Wales Bar, practising principally in public and commercial law, and a fellow at the Gilbert + Tobin Centre of Public Law, University of New South Wales, Sydney. He was previously Counsel Assisting the Commonwealth Solicitor-General and a Judge's Associate at the High Court and the Federal Court of Australia.

Summary

This book offers scholars and students of law, legal theory and history a new treatment of the 1975 Australian constitutional crisis. It traces the emergence of this fundamental constitutional debate in the turbulent Whitlam years and chronicles its subsequent iterations in institutional configurations.

Product details

• Authors: Brendan Lim, Brendan (University of New South Wales Lim, Lim Brendan
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 31.12.2018
• EAN: 9781107551992
• ISBN: 978-1-107-55199-2
• No. of pages: 302
• Series: Cambridge Studies in Constitutional Law; Cambridge Studies in Constitut; Cambridge Studies in Constitutional Law; Cambridge Studies in Constitut
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; Law, Australia, SOCIAL SCIENCE / Sociology / General, LAW / Constitutional, Later 20th century c 1950 to c 1999, c 1945 to c 2000 (Post-war period), Law & society, Law and society, sociology of law, Constitutional & administrative law, Constitutional and administrative law: general, Parliamentary and legislative practice, Parliamentary & Legislative Practice