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State of South Australia
Will South Australia emerge from the global economic crisis relatively unscathed and enter a period of unprecedented prosperity? State of South Australia tackles this and many other questions, offering the most comprehensive analysis of the major social, economic, cultural, environmental and political trends and policy challenges facing this state.
The Constitutional Legitimacy of Law Officers in the United Kingdom
This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutio...
The Legal Protection of Rights in Australia
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analys...
Australian Constitutional Values
Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
The Rule of Law in Singapore
This book looks at the rule of law in the context of Singapore and reflects on what the Singapore case study contributes to the understanding of the rule of law. Singapore has been both lauded and lambasted for vindicating and subverting the rule of law. While enjoying favour as a universal prescription for political justice and constitutionalism, the rule of law ideal is also challenged for being vague about what it means and requires. It remains an essentially contested conception, whose content is shaped by the underlying political, economic, social and religious public philosophy of a polity. The book explores the reception and development of the Singapore Local System, its constitutional order and institutions, the political dimensions, judicial review and the context of democracy and civil rights. Lucid and engaging, this book will be of interest to researchers working in constitutional law.
The Rule of Law in China
What has replaced liberal conceptions of the rule of law in China's emerging legal-political order? How are liberal rule of law ideas and practices based on domestic and international law enduring among officials, legal practitioners, civil society advocates and other citizens whose lives are touched by the 'political-legal system'? What are the implications of the changes as a result of the answers to these two questions, not only for domestic, but also for global and transnational rule of law? This book provides the reader with answers to these questions and in doing provides a fresh perspective on the internal dynamics of the struggle for the rule of law as it plays out domestically in China and the future of the Chinese legal-political system. Giving China's rising influence in the world, it will inform the global debate about the role of law in other countries, and will help us assess the chances of survival of the institutions currently supporting the rule of law at the international level.
The Role of the Solicitor-General
Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals...
The Rule of Law in Germany
"This book critically examines to what extent the rule of law, a principle that forms part of Germany's constitutional self-understanding, has translated into a lived experience for all. It explores Germany's long rule of law tradition and highlights where the German state has fallen short of its rule of law promise, using historical and contemporary examples"--
