Australia's Constitution after Whitlam

Brendan Lim (University of New South Wales, Sydney)

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English

Cambridge University Press
10 April 2017

Australasian & Pacific history; Public administration; Central government policies; Law; Constitutional & administrative law

Series: Cambridge Studies in Constitutional Law

Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.

By: Brendan Lim (University of New South Wales Sydney)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Volume: 17
Dimensions: Height: 235mm, Width: 156mm, Spine: 19mm
Weight: 550g
ISBN: 9781107119468
ISBN 10: 1107119464
Series: Cambridge Studies in Constitutional Law
Pages: 300
Publication Date: 10 April 2017
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Brendan Lim is a barrister at the New South Wales Bar, practising principally in public and commercial law, and a fellow at the Gilbert and Tobin Centre of Public Law, University of New South Wales, Sydney. He was previously Counsel Assisting the Commonwealth Solicitor-General and a Judge's Associate at the High Court and the Federal Court of Australia.