What challenges do Australian constitutional law, theory, and practice each face now that globalisation—the unimpeded movement of people, money, information and ideas across national boundaries—is eroding the sovereignty of nation-states?

Other writers have studied globalisation, but as a political, economic, social, or environmental issue rather than a constitutional phenomenon. Works on Australian constitutionalism tend to assume that the centuries-old tradition of national sovereignty will continue. This book systematically discusses both constitutionalism and globalisation in tandem and analyses how each affects the other.

Three key themes are reflected in the book's three parts: Whither National Sovereignty, Constitutional Structures, and Individual and Minority Rights. The first discusses the decline of the "external" power of national governments relative to international organisations and NGOs. The second focusses on the declining "internal" power of national governments relative to legislatures, in particular Upper Houses, and to sub-national governments. The third part charts the declining power of national governments relative to the citizens and minority communities they govern.

Detailed Table of Contents

INTRODUCTION
CHAPTER 1: Globalisation and Constitutionalism - Tom Round and Charles Sampford

PART I: W[H]ITHER NATIONAL SOVEREIGNITY?
CHAPTER 2: Reconceiving and Reinstitutionalising Liberal Democratic Values in a More Global World - Charles Sampford
CHAPTER 3: The Decline of Sovereignty: Problems for Democratic Government - Sir Anthony Mason
CHAPTER 4: The Empire Strikes Back: The Constitution, Sovereignty and 19th Century Globalisation - Helen Irving
CHAPTER 5: The Changing Context of Australian Citizenship: The Case for Multiculturalism - Peter Wong and Violeta Brdaroska
CHAPTER 6: The Constitution of International Civil Society - Aynsley Kellow
CHAPTER 7: Democracy in a World of Global Markets - Tom Campbell
CHAPTER 8: Democracy as Comparative Advantage - Roland Rich
CHAPTER 9: Democracy: Its Survivability - Alun A. Preece

PART II: CONSTITUTIONAL THEORY AND STRUCTURE
CHAPTER 10: The Australian Constitution and the Challenge of Theory - John Williams
CHAPTER 11: Dividing Power in a Federation in an Age of Globalisation - Cheryl Saunders
CHAPTER 12: A Federation amid Global Imperatives? - Glyn Davis and Naomi Sunderland
CHAPTER 13: The Role of Upper Houses: Is Westminster Washed Up? - Senator Helen Coonan
CHAPTER 14: Washminster Revisited: The Role of the Upper House - Senator Andrew Bartlett
CHAPTER 15: Government as a Public Trust: Crown Mystique, Unequal Laws, and Modern Democracy - Steven C. Churches

PART III: INDIVIDUALS, MINORITIES AND THEIR RIGHTS
CHAPTER 16: Recognising Rights - Alice E.S. Tay
CHAPTER 17: Constitutional Transformations: Universal Values and the Politics of Constitutional Understanding - Heinz Klug
CHAPTER 18: Globalisation - the Bane of Popular Sovereignty? - John Pyke
CHAPTER 19: Constitutional Cants - Gerald N. Rosenberg
CHAPTER 20: Law's Laws: The Demand and Supply of Rights - Neil Komesar
CHAPTER 21: Recognition of Indigenous Rights: American Law, Australian Law and International Law - Garth Nettheim
CHAPTER 22: First Peoples, Late Admissions: Recognising Indigenous Rights - Peter Jull and Helena Kajlich
CHAPTER 23: Recognising Indigenous Law in Australia: Drawing on the African Experience - Bede Harris
CHAPTER 24: Rights of Indigenous People and Conservation: Joint Management of National Parks in South Africa and Australia - Bertus de Villiers
CHAPTER 25: Constitutional Dreaming - Christine Morris

APPENDIX 1: Promotion of the Right to Democracy
APPENDIX 2: Items Proposed for Framework Agreement and Political Negotiations Process
Bibliography
Index