Leslie Zines's Constitutional Change in the Commonwealth PDF

By Leslie Zines

ISBN-10: 0511522274

ISBN-13: 9780511522277

ISBN-10: 0521031095

ISBN-13: 9780521031097

ISBN-10: 0521400392

ISBN-13: 9780521400398

This publication is worried with adjustments and proposed alterations to the governmental constructions of the 4 oldest individuals of the Commonwealth--Britain, Australia, Canada and New Zealand. it really is divided into 3 sections. the 1st contrasts the efforts of the 3 "older dominions" to unfastened themselves legally from their constitutional ties with the uk, now not accomplished until eventually the Nineteen Eighties. the second one part examines makes an attempt and suggestions to lessen the ability of the parliaments to impair person and democratic rights. simply Canada has completed whatever just like the U.S.' invoice of Rights, yet there are a few social pressures within the comparable course within the different 3 international locations. the ultimate part compares the judicial interpretation of the federal constitutions of Canada and Australia. This in flip is in comparison with the location of england within the EEC. because of political forces and judicial interpretation, the ability of the British Parliament is progressively waning in desire of elevated group energy, in a way resembling that happening relating to the distribution of critical and neighborhood strength in Canada and Australia.

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Re. Secretary of State for Foreign and Commonwealth Affairs; Ex parte Indian Association of Alberta [1982] Queens Bench 892. 4 6 Nolan v Minister for Immigration and Ethnic Affairs (1988) 80 Australian Law Reports 561. 47 Pochi v Macphee (1981) 151 Commonwealth Law Reports 101, 109. *8 Thus the institutions of an Imperial Crown and an Imperial Parliament have come to an end. It is remarkable, however, that it has taken sixty years after the Balfour Declaration to finally achieve that result in the remaining 'old Dominions' of the Commonwealth.

There is, therefore, nothing in the way of constitutional checks and balances, even to the extent that exists in the United Kingdom in the form of the power of the House of Lords to delay legislation. Indeed, so familiar were Governments at ruling the roost, unhindered by anything but political considerations, that on one occasion, in 1976, the Government directed the public service not to administer the law because it intended to obtain its amendment or repeal at the next session of Parliament.

Generally speaking, that is a matter about which the people of those countries do not seem to be very fussed, even though they have all been interested in 36 L. Zines (1987) The High Court and the Constitution, 2nd edn, Butter- worths, Australia, 269-73. CONSTITUTIONAL CHANGE IN THE COMMONWEALTH national symbols in other respects. The affirmation of the Canadian Supreme Court in 1981 of Westminster omnipotence in respect of Canada certainly did not bring an angry nationalist crowd out into the streets.

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Constitutional Change in the Commonwealth by Leslie Zines


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