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Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text-with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming-an Emperor with no clothes.
List of contents
Introduction: A Flawed Middle-Aged Constitution
Chapter 1: Middle Aged Constitution
Chapter 2: Federation and Henry Parkes' Boast
Chapter 3: Federation and "Australia's Magna Carta"
Chapter 4: Constitutional Problem 1: A Very Misleading Constitution
Chapter 5: Constitutional Problem 2: Constitutional Provisions Undermined by the High Court
Chapter 6: Constitutional Problem 3: Constitutional Provisions that are Badly and Misleadingly Designed
Chapter 7: Constitutional Problem 4: Constitutional Requirements Based on Judicial Invention
Chapter 8: Constitutional Problem 5: A Constitution that Does Not Deal with the Essential Nature of Federation
Chapter 9: Constitutional Problem 6: A Constitution with a Result Very Different from its Design
Chapter 10: The Need for an "Intelligible Theory"
Chapter 11: What Do We Do Now?
About the author
Dr. Ian Killey PSM is a distinguished Australian public lawyer with extensive experience in government and academia. He served in senior legal roles in the Victorian public service, including as General Counsel to both the Department of Premier and Cabinet and the Victorian Ombudsman. After completing a PhD at Victoria University on the constitutional relationship between police and government, he held academic positions at Victoria University and the Australian Catholic University, teaching public law and legal foundations. A recognised authority on Australian constitutional law, Dr. Killey is the author of The Naked Australian Constitution (2022), Constitutional Conventions in Australia (2009, rev. 2012), and Police and Government in Australia (2019), and co-author of Australian Constitutional Law and Government (2021). His contributions to public service were formally recognised with the award of the Public Service Medal (PSM).
Summary
This book examines the flaws in the origin, design, application, and operation of the Australian Constitution, including, but not limited to its racial basis, the misleading nature of the text, and the subjective, judicial interpretation of the High Court.
