Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis
The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis
Journal Articles
Arguing that the United Kingdom retained constitutioanl duties to Australia following that country's independence.
Power To Enforce Treaties In Australia -- The High Court Goes Centralist?, John M. Finnis
Power To Enforce Treaties In Australia -- The High Court Goes Centralist?, John M. Finnis
Journal Articles
At first glance, the decision of the High Court of Australia in Koowarta v Bjelke-Petersen profoundly affects the distribution of legislative power between the States and the Commonwealth of Australia. Perhaps that first impression should be somewhat qualified. But there seems no good reason to doubt what Wilson J (dissenting) said about its possible implications for the exercise of State legislative power.
Separation Of Powers In The Australian Constitution, John M. Finnis
Separation Of Powers In The Australian Constitution, John M. Finnis
Journal Articles
Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.