State Constitutional Landmarks
State Constitutional Landmarks
by George Winterton
Hardcover 680 pgs.
Published: January 2007
ISBN: 1-86287-607-X
ISBN-13: 978-1-86287-607-1
$75.00

State Constitutional Landmarks

Fifteen landmark cases and controversies of parliamentary government in the Australian colonies and States are recounted in all their political and legal drama by some of Australia’s leading constitutional scholars.

Topics covered include:

  • the amazing saga of Justice Boothby in the 1860s;
  • Privy Council decisions establishing the plenary power of colonial legislatures;
  • the dismissal of New South Wales (NSW) Premier Jack Lang in 1932;
  • the resolution of deadlocks between State legislative Houses;
  • the making of the Australia Acts 1986;
  • debate on the separation of judicial power in the States;
  • the survival of the NSW Legislative Council;
  • the power to expel an MP in NSW; one-vote, one-value in Western Australia;
  • affirmation of the rule of law in Western Australia;
  • the Franca Arena saga in NSW; and
  • the power to force ministers to produce documents in NSW.
Table of Contents

Foreword by Hon. James Spigelman AC
Preface
Contributors
Tables of Cases
Tables of Statutes

Introduction: Australian States: Cinderellas No Longer? - George Winterton
CHAPTER 1: Justice Boothby: A Disaster that Happened - John M. Williams
CHAPTER 2: Plenary Within Limits: Powell v. Apollo Candle - Keven Booker
CHAPTER 3: Thomas McCawley v. The King - Nicholas Aroney
CHAPTER 4: Trethowan’s Case - Jeffrey Goldsworthy
CHAPTER 5: The Dismissal of the Lang Government - Anne Twomey
CHAPTER 6: Clayton v. Heffron - Anne Twomey
CHAPTER 7: Deadlocks in State Parliaments - John Waugh
CHAPTER 8: Tonkin v. Brand: Triumph for the Rule of Law - Peter Johnston
CHAPTER 9: Armstrong v. Budd and the Power of Expulsion - Gareth Griffith
CHAPTER 10: The Making of the Australia Acts 1986 - Anne Twomey
CHAPTER 11: Egan v. Willis and Egan v. Chadwick: The Triumph of Responsible Government - Gerard Carney
CHAPTER 12: Arena v. Nader and the Waiver of Parliamentary Privilege - Gareth Griffith and David Clune
CHAPTER 13: BLF v. Minister for Industrial Relations: The Limits of State Legislative and Judicial Power - Fiona Wheeler
CHAPTER 14: The Kable Case: A Guard-Dog that Barked But Once? - H.P. Lee
CHAPTER 15: McGinty v. Western Australia: Electoral Equality and the Demise of the "Implied Rights Venture" - Peter A. Gerangelos
Index

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