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 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 topics in tandem, and analyses how each affects the other.
Three key themes are reflected in the three parts in the book: 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 charts the declining power of national governments relative to the citizens and minority communities they govern.
These themes and the way they are elaborated in the book are explained in the Introduction.
“Beyond the Republic ... collects 24 essays from a wide variety of contributors. ... There is not space here to discuss the essays in detail, or even to mention them all. That is unfortunate, because nearly all of them are worthy of comment.
They are organised into three main groups, the first of which concerns national sovereignty, globalisation and the benefits and future of democracy. The second is about constitutional theory and structure including the operation of our federal system and what is known as “Washminster” (in a graceless allusion to the English and American systems). A final section covers constitutional protection of individual and minority rights. There is much food for thought in each. ... I would recommend the book for anyone with a serious interest in current constitutional debate in Australia and overseas. Federation Press is to be commended for publishing it.” - Law Institute Journal (Vic), 2001
Table of Contents
Globalisation and Constitutionalism
Tom Round and Charles Sampford
Part I: W[h]ither National Sovereignty?
Reconceiving and Reinstitutionalising Liberal Democratic Values in a More Global World
The Decline of Sovereignty: Problems for Democratic Government
Sir Anthony Mason
The Empire Strikes Back: The Constitution, Sovereignty and 19th Century Globalisation
The Changing Context of Australian Citizenship: The Case for Multiculturalism
Peter Wong and Violeta Brdaroska
The Constitution of International Civil Society
Democracy in a World of Global Markets
Democracy as Comparative Advantage
Democracy: Its Survivability
Alun A Preece
Part II: Constitutional Theory and Structure
The Australian Constitution and the Challenge of Theory
Dividing Power in a Federation in an Age of Globalisation
A Federation amid Global Imperatives?
Glyn Davis and Naomi Sunderland
The Role of Upper Houses: Is Westminster Washed Up?
Senator Helen Coonan
Washminster Revisited: The Role of the Upper House
Senator Andrew Bartlett
Government as a Public Trust: Crown Mystique, Unequal Laws, and Modern Democracy
Steven C Churches
Part III: Individuals, Minorities and Their Rights
Alice ES Tay
Constitutional Transformations: Universal Values and the Politics of Constitutional Understanding
Globalisation - the Bane of Popular Sovereignty?
Gerald N Rosenberg
Law’s Laws: The Demand and Supply of Rights
Recognition of Indigenous Rights: American Law, Australian Law and International Law
First Peoples, Late Admissions: Recognising Indigenous Rights
Peter Jull and Helena Kajlich
Recognising Indigenous Law in Australia: Drawing on the African Experience
Rights of Indigenous People and Conservation: Joint Management of National Parks in South Africa and Australia
Bertus de Villiers
Appendix 1: Promotion of the Right to Democracy
Appendix 2: Items Proposed for Framework Agreement and Political Negotiations Process