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Reflections on the Australian Constitution
This volume contains thirteen essays from leading Australian constitutional practitioners and scholars, with most authors prominent figures in Australian constitutional law at the turn of the past century.
The essays reflect on 100 years of the Australian Constitution and on possible directions for the future, both evaluating the Australian Constitution, in the light of the experience of the past 100 years, and identifying issues for the future.
The authors of the essays are The Honourable Sir Anthony Mason, Mr John Waugh, Professor George Winterton, Professor Geoffrey Lindell, Justice Robert French, Professor Leslie Zines, Mr D F Jackson QC, Professor John W White, Mr Christos Mantziaris, Mr Brian Opeskin, Professor George Williams, Professor Cheryl Saunders and Professor Thomas Fleiner.
Description based on information on publisher's website, positions of authors listed as they were at time of the book's publication
The essays reflect on 100 years of the Australian Constitution and on possible directions for the future, both evaluating the Australian Constitution, in the light of the experience of the past 100 years, and identifying issues for the future.
The authors of the essays are The Honourable Sir Anthony Mason, Mr John Waugh, Professor George Winterton, Professor Geoffrey Lindell, Justice Robert French, Professor Leslie Zines, Mr D F Jackson QC, Professor John W White, Mr Christos Mantziaris, Mr Brian Opeskin, Professor George Williams, Professor Cheryl Saunders and Professor Thomas Fleiner.
Description based on information on publisher's website, positions of authors listed as they were at time of the book's publication
266 pages, Hardcover
First published April 1, 2003
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October 7, 2014
The thirteen essays from leading Australian constitutional practitioners and scholars reflect on various ideas and concepts in, of and around the Australian Constitution, with the essays containing material of both legal scholarly depth and interest. Since this work was published in 2003, the world and the Australian constitutional landscape have changed much. The value of this work lies not just in the worth of the essays as they are, but also in comparing how things have changed and how some issues, concepts and ideas posited and opined have developed since then. While all essays are a worthy read, I note only a few of particular interest.
The essay of the Honourable Sir Anthony Mason AC KBE titled ‘The Australian Constitution in Retrospect and Prospect’ identified that it had served Australia generally well. Two areas his Honour identified as perhaps being desirable or necessary for amendment include the corporations power and co-operative federalism. The Commonwealth has now great power over the former since the New South Wales & Ors v Commonwealth (2006) 229 CLR 1; [2006] HCA 52, while the latter has been a significant issue in successive government, especially when the federal governments claims state governments are inefficiently solving a problem or incapable of doing so.
Justice French, then a judge of the Federal Court, wrote an essay titled ‘The Constitution and the People’. Since then, Justice French was appointed as Chief Justice of the High Court in September 2008 (and awarded Companion of the Order of Australia in 2010 (i.e. Chief Justice French AC)). It is thus interesting that some of the ideas discussed in other essays now may fall to be dealt with directly (and indirectly by reason of its effects) with by Justice French, with the ‘French Court’ already having heard and published reasons on several significant constitutional case.
For example, the essays of the late Emeritus Professor Leslie Zines AO and of Mr Brian Opeskin dealt with changing attitudes to and the purpose of federalism, and the legal form and responsibility of the executive respectively. The former became an issue after Williams v Commonwealth [2012] HCA 23, the latter being considered in Williams and in Pape v The Commissioner of Taxation [2009] HCA 23.
By comparison, the weakest essay was by Professor John W White. This is not to diminish the status of Professor White, a leader of the Australian scientific community. His argument that Australian science and industry policies are increasingly becoming more fragmented and that the Constitution’s operation is silent on this has not been diminished over time. Yet his well-reasoned essay feels jarringly out of place compared to the other distinctly legal-based essays which demonstrate constitutional experience that Professor White does not have (nor should he be expected to).
Despite being published now over 10 years ago, this work still holds value to constitutional law scholars and others interested in the Australian Constitution.
The essay of the Honourable Sir Anthony Mason AC KBE titled ‘The Australian Constitution in Retrospect and Prospect’ identified that it had served Australia generally well. Two areas his Honour identified as perhaps being desirable or necessary for amendment include the corporations power and co-operative federalism. The Commonwealth has now great power over the former since the New South Wales & Ors v Commonwealth (2006) 229 CLR 1; [2006] HCA 52, while the latter has been a significant issue in successive government, especially when the federal governments claims state governments are inefficiently solving a problem or incapable of doing so.
Justice French, then a judge of the Federal Court, wrote an essay titled ‘The Constitution and the People’. Since then, Justice French was appointed as Chief Justice of the High Court in September 2008 (and awarded Companion of the Order of Australia in 2010 (i.e. Chief Justice French AC)). It is thus interesting that some of the ideas discussed in other essays now may fall to be dealt with directly (and indirectly by reason of its effects) with by Justice French, with the ‘French Court’ already having heard and published reasons on several significant constitutional case.
For example, the essays of the late Emeritus Professor Leslie Zines AO and of Mr Brian Opeskin dealt with changing attitudes to and the purpose of federalism, and the legal form and responsibility of the executive respectively. The former became an issue after Williams v Commonwealth [2012] HCA 23, the latter being considered in Williams and in Pape v The Commissioner of Taxation [2009] HCA 23.
By comparison, the weakest essay was by Professor John W White. This is not to diminish the status of Professor White, a leader of the Australian scientific community. His argument that Australian science and industry policies are increasingly becoming more fragmented and that the Constitution’s operation is silent on this has not been diminished over time. Yet his well-reasoned essay feels jarringly out of place compared to the other distinctly legal-based essays which demonstrate constitutional experience that Professor White does not have (nor should he be expected to).
Despite being published now over 10 years ago, this work still holds value to constitutional law scholars and others interested in the Australian Constitution.
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