Reflections on the Australian Constitution
Reflections on the Australian Constitution
by Robert French, Geoffrey Lindell and Cheryl Saunders
Hardcover 286 pgs.
Published: April 2003
ISBN: 1-86287-462-X
ISBN-13: 978-1-86287-462-6
$100.00

Reflections on the Australian Constitution

Leading Australian constitutional practitioners and scholars come together in this volume to reflect on 100 years of the Australian Constitution and on possible directions for the future. The essays are designed both to evaluate the Australian Constitution, in the light of the experience of the past 100 years, and to identify issues for the future.

Most of the authors are prominent figures in Australian constitutional law at the turn of the past century. Some are distinguished in the practice of constitutional law:

  • a former Chief Justice of Australia, Sir Anthony Mason,
  • a senior Justice of the Federal Court of Australia, who also was the inaugural President of the Native Title Tribunal, Justice Robert French, and
  • a leader of the constitutional Bar, David Jackson, QC.
Others are well-known constitutional scholars: Leslie Zines, George Winterton, Geoffrey Lindell, Brian Opeskin, George Williams, Cheryl Saunders, John Waugh and Christos Mantziaris.

The two exceptions are equally distinguished, but for other reasons. Professor John White is a leader of the Australian scientific community. Professor Thomas Fleiner is a leading international constitutional scholar and a former president of the International Association of Constitutional Law.

One of the strengths of the book is the breadth and depth of knowledge of its authors. In reflecting on their collective experiences over at least the last two decades of the 20th century, it adds an important new layer to the foundation of constitutional experience on which the next generation of scholars and practitioners may build.

Table of Contents

CHAPTER 1: The Australian Constitution in retrospect and prospect - The Hon Sir Anthony Mason
CHAPTER 2: Lawyers, historians and Federation history - Mr. John Waugh
CHAPTER 3: The acquisition of independence - Professor George Winterton
CHAPTER 4: The Constitution and the people - Justice Robert French
CHAPTER 5: Changing attitudes to federalism and its purpose - Professor Leslie Zines
CHAPTER 6: Internationalisation of rights and the Constitution - Mr. D. F. Jackson, QC
CHAPTER 7: National Science and Industry Policy: Balancing the centrifugal tendency - Professor John W. White
CHAPTER 8: The executive: A common law understanding of legal reform and responsibility - Mr. Christos Mantziaris
CHAPTER 9: Australian constitutional law in a global era - Mr. Brian Opeskin
CHAPTER 10: Globalisation of the Constitution: The impact of international norms - Professor George Williams
CHAPTER 11: Future prospects of the Australian Constitution - Professor Cheryl Saunders
CHAPTER 12: The Age of Constitutions - Professor Thomas Fleiner

Table of Cases
Table of Statutes
Index

"This is a collection of essays by a distinguished list of contributors … It is part of an innovative series from Federation Press … It makes a very interesting read for anyone with even the slightest interest in our constitutional law and history. It is also important that we keep debating for our own time the fundamental issues it discusses."
-- Law Institute Journal (Victoria), March 2004
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