The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada…

Hardcover | April 20, 2005

byPeter C. Oliver

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The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized byindependent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variablyentrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutionalindependence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of theconstitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterizedby their reliance on independent, country-specific constitutional thinking that evolved over the last century.

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The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized byindependent thinking, experimentation, and cro...

Peter Crawford Oliver is Senior Lecturer at the School of Law, King's College London.
Format:HardcoverDimensions:392 pages, 9.21 × 6.14 × 1.07 inPublished:April 20, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268955

ISBN - 13:9780198268956

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Table of Contents

1. IntroductionPart I: the Imperial Constitution2. The Imperial Dominions3. Parliamentary Sovereignty in the Empire and Commonwealth: Dicey's Dominions and Dogmas4. Theories of Parliamentary Sovereignty after 1931: New and RevisedPart II: Constitution to Independence5. canada I: Confederation and the Imperial Theory6. Canada II: An Independent Constitutional Theory7. Canada III: The Patriation Reference 8. New Zealand: Waitangi, Westminster, and Wellington9. Australia I: Colonies, Conventions, and Canberra10. Australia II: Westminster to CanberraPart III: Constitutional Independence11. Legal Continuity or Disguised Revolution?12. Theoretical Approaches to Sovereignty and Legal System13. Constitutional Continuity and Constitutional Independence14. Conclusion