Constitutional Reform as a Remedy for Political Disenchantment in Australia - Bede Harris

Constitutional Reform as a Remedy for Political Disenchantment in Australia

The Discussion We Need

(Autor)

Buch | Hardcover
267 Seiten
2020 | 1st ed. 2020
Springer Verlag, Singapore
978-981-15-3598-7 (ISBN)
128,39 inkl. MwSt
The central argument of this book explores the disillusionment that Australians feel with regard to the way politics is conducted. The book explores causes of that disillusionment, and argues that because these are ultimately traceable to defects in the constitution, it is only through constitutional reform that government can be improved.
This book argues that the current approach to constitutional debate suffers from the flaw of being anti-theoretical, in the sense that it is not grounded in any set of values, and is afflicted by a tendency to consider practical objections to reform before considering the moral case for it. This book argues that instead of accepting the constitution as it is, it is time we began to discuss how it ought to be, taking human dignity as the fundamental value upon which a constitution should be based. It then puts the case for change in a number of areas, including reform of the electoral system, enhanced parliamentary scrutinyof the executive, the inclusion in the constitution of a full bill of rights, the abolition of the federal system, realisation of the rights of Indigenous people, codification of constitutional conventions either in conjunction with or separately from an Australian republic, reform of the rules of standing in constitutional matters and, finally, the need to improve civics education.  




This book is designed to be provocative in the way that it directly challenges current academic orthodoxy. This book also outlines a proposed draft new constitution. This book will be of interest to anyone who is concerned about how Australia is governed and why it has been so difficult to achieve constitutional reform.

Bede Harris has a BA(Mod) from Trinity College, University of Dublin, an LLB (cum laude) from Rhodes University, Grahamstown, South Africa, and a DPhil from the University of Waikato in Hamilton, New Zealand. He has previously taught at the University of Natal, Pietermaritzburg; the University of Waikato; James Cook University and the University of Canberra. Bede's areas of research are Constitutional Law (particularly constitutional reform), Indigenous legal issues, Corporations Law and Consumer Law. In 2001 Bede was awarded a Fulbright Senior Fellowship and attended the American Studies Institute held at the Meyner Centre for the Study of Government at Lafayette College in Easton, Pennsylvania, where teachers of Constitutional Law from a variety of jurisdictions studied US constitutional law, before travelling in the south-west of the United States to study native American self-government.  

Chapter 1 – Politics and public disillusionment.- Chapter 2 – A question of values.- Chapter 3 – Our current Constitution.- Chapter 4 – Democracy.- Chapter 5 – What are ‘rights’ and where do they come from?.- Chapter 6 – What a bill of rights should contain.- Chapter 7 – Holding the government to account.- Chapter 8 – Federalism and the efficiency deficit.- Chapter 9 – Indigenous people and the constitution.- Chapter 10 – An Australian republic.- Chapter 11 – Access to constitutional justice.- Chapter 12 – Reform strategies and civics education.- Appendix – A draft new constitution.- Index

Erscheinungsdatum
Zusatzinfo 6 Illustrations, black and white; XXI, 267 p. 6 illus.
Verlagsort Singapore
Sprache englisch
Maße 155 x 235 mm
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Privatrecht / Bürgerliches Recht Zivilverfahrensrecht
Sozialwissenschaften Politik / Verwaltung Politische Systeme
Sozialwissenschaften Politik / Verwaltung Staat / Verwaltung
Schlagworte Australian law • Bill of rights • civics education • Constitutionalism • constitutional law • Electoral Systems • Governor-General • Indigenous • Justice • parliament • proportional representation • responsible government
ISBN-10 981-15-3598-1 / 9811535981
ISBN-13 978-981-15-3598-7 / 9789811535987
Zustand Neuware
Haben Sie eine Frage zum Produkt?
Mehr entdecken
aus dem Bereich
mit Einführungsgesetz, Unterlassungsklagengesetz, …
Buch | Softcover (2024)
dtv Verlagsgesellschaft
13,90