The Constitution of New South Wales
Federation Press, 2004 - 917 ページ
The Constitution of New South Wales provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW), including their legislative history and examples of their use. It covers the constitution, operation and interaction of the State legislature, executive and judiciary, as well as the relationship between the State and the Commonwealth in the federal system.Most importantly, it deals with all the issues necessary to determine the validity of State laws, including: the legislative power of the State Parliament; limitations on legislative power derived from different sources including express and implied limitations in the Commonwealth Constitution; the effectiveness of State manner and form constraints and the consequences of their breach; legislative procedure; and the technical rules concerning the passage of taxation and appropriation bills.Whilst the book uses the Constitution Act 1902 (NSW) as its focus, it addresses constitutional issues arising in all Australian States, such as parliamentary privilege, electoral law and disputes about the qualification and disqualification of Members of Parliament, money bills and parliamentary procedure. It deals with these issues from a State perspective, raising important distinctions that are not addressed in texts on Commonwealth constitutional law.The Constitution of New South Wales places the constitutional framework of the State in its historical and political context. Using previously unpublished government material, it provides a fundamental reassessment of the relationship between the States, the Commonwealth and the United Kingdom, and the first detailed analysis of the negotiation and application of the Australia Acts 1986, which now form a significant part of State constitutions. It explains how the Parliament, the Executive Council and the Cabinet operate in practice, rather than theory, and gives practical examples to illustrate the operation of constitutional provisions.This, the first and only comprehensive analysis of the New South Wales Constitution, is an essential addition to all legal, government and university libraries. A NSW Sesquicentenary of Responsible Government publication.
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Appropriation and Taxation
The States and a Republic
with the Queen?
Could a Commonwealth referendum sever the ties between the States
The Houses of the Legislature and Their Members
Qualification Disqualification and the Expulsion of Members of Parliament
Other disqualifications Section 13a
Office of profit under the Crown
Member of one House incapable of being elected to the other
Determination of disqualification
Codes of conduct and the ICAC
advice Amendment appeal apply appointment appropriation assent Attorney-General Australia Acts 1986 Brennan British Government Cabinet Colonial Laws Validity Commission Committee Commonwealth Constitution Commonwealth Parliament concerning conferred Constitution Act Constitution Act 1855 Crown Dominion Egan v Willis Elections Act 1912 Electorates and Elections enacted entrenched example Executive Council exercise expressly federal Gaudron Gleeson CJ Governor Gummow Gummow and Hayne Hayne JJ held High Court House Ibid Imperial issue judges Kirby Laws Validity Act Legislative Assembly Legislative Council legislative power Legislature Letters Patent Lieutenant-Governor Majesty Majesty's manner and form matters McHugh Member of Parliament ment noted NSWLR Parliamentary Debates Parliamentary Electorates person Premier Privy Council proposed provision Pty Ltd pursuant Queen Queen of Australia Queensland reference referendum relation repeal Royal Secretary Section South Australia South Wales Parliament Standing Orders Statute of Westminster Supreme Court Sydney taxation Toohey United Kingdom Western Australia