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The Australian Constitution and National Identity

The Australian Constitution and National Identity
Author: Anna Olijnyk
Publisher: Anu Press
Total Pages: 0
Release: 2023-05-11
Genre:
ISBN: 9781760465636

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What does Australia's Constitution say about national identity? A conventional answer might be 'not much'. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation. This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia's national identity.


The Australian Constitution and National Identity

The Australian Constitution and National Identity
Author: Anna Olijnyk
Publisher: ANU Press
Total Pages: 312
Release: 2023-05-11
Genre: Law
ISBN: 176046564X

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What does Australia’s Constitution say about national identity? A conventional answer might be ‘not much’. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation. This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia’s national identity.


Shaping Nations

Shaping Nations
Author: Linda Cardinal
Publisher: University of Ottawa Press
Total Pages: 347
Release: 2002-03-01
Genre: Political Science
ISBN: 0776616900

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As questions concerning nationhood and national identity continue to preoccupy both Canada and Australia, Shaping Nations brings together the work of Australian and Canadian scholars around five core themes: constitutionalism, colonialism, republicanism, national identity, and governance.


National Identity and Social Cohesion in a Time of Geopolitical and Economic Tension: Australia – European Union – Slovenia

National Identity and Social Cohesion in a Time of Geopolitical and Economic Tension: Australia – European Union – Slovenia
Author: Robert Walters
Publisher: Springer Nature
Total Pages: 364
Release: 2020-02-26
Genre: Law
ISBN: 9811521646

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This book aims to enrich the thinking and discussion in relation to the importance that citizenship, immigration, rights and private laws play in the modern world. This is in a time when social cohesion and national identity is being challenged. It will explore the impact these laws have had on Australia, European Union (EU) and Slovenia. Identity and social cohesion are contested concepts and can invoke different responses. The challenges states and the EU are likely to face in retaining and even strengthening their respective identities and social cohesion from continued geopolitical shocks, security, economic volatility and environmental degradation is likely to be formidable. These alone pose some of the most complex political and policy issues facing the world. The EU can be held up as a polity that, has developed an identity and level of cohesion, while allowing member states to retain their national identities. It has, to date, also been successful in managing the rise of nationalism. However, that has come under threat in recent times. Thus, the very foundations of liberal democracy could be diluted from the impact of these challenges. Moreover, the basic foundations of rights have, in part, already been diluted from the rise of terrorism (which is acceptable), however, the geopolitical differences pose a significant challenge, in, and of themselves.


Changing States, Changing Nations

Changing States, Changing Nations
Author: Andrew McDonald
Publisher:
Total Pages: 248
Release: 2020
Genre: Citizenship
ISBN: 9781509928750

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"This book takes four recent examples of constitutional reform - in the UK, USA, Canada and Australia - and shows how each challenged citizens' basic understanding of what it was to be part of the nation. Vividly told, the narratives explore the ambitions of reformers to reshape their nations; Trudeau's bid to recast the Canadian Confederation; Keating's attempt to secure an Australian Republic; New Labour's radical reworking of the British constitution; and a campaign by the Right in the USA to grant the Stars & Stripes constitutional protection against violation.Taken together the stories explore shifting concepts of nationhood but each is, in its own right, an important contribution to the political history of the nation in question. The three Commonwealth stories contrast with their American counterpart. In Canada, Australia and the UK globalisation is threatening the established model of nationhood derived from a shared history, culture and ethnicity. Reformers are reaching for a national identity based on a common commitment to fundamental values and beliefs - in other words, the founding premise of the United States, the first modern nation. But the US tale is a cautionary one: it shows how a national community which purports to unite behind certain precepts can, in practice, engage in partisan contests in politics and in the courts to redefine the meaning of those allegedly shared precepts. A common creed may prove to be the starting point for dissent, not its conclusion. Why does all this matter? Because few things are more important to us than who we are how we relate to one another. In the present century globalisation will place ever greater pressure on our concept of nationhood and our sense of belonging. This book offers insights into the choices facing reformers and factors which determine their success"--


Andrew Inglis Clark

Andrew Inglis Clark
Author: Francis Mervyn Neasey
Publisher:
Total Pages: 298
Release: 2001
Genre: Australia
ISBN: 9780859019644

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Andrew Inglis Clark (1848-1907) was a remarkable Tasmanian. A lawyer, Attorney-General, judge and a 'father of federation', he was also a reformist politician and radical thinker. He read and travelled widely, and corresponded with prominent figures of like mind both within and beyond Australia. Clark produced the first draft of the Australian Constitution, in which he melded elements of the British and United States systems of government. Upon his framework our Constitution was made. Yet his considerable contribution to our federal system of government has largely been overlooked. Clark was perhaps the only founder of federation whose biography remained to be written. This book remedies that lacuna at a most appropriate time, in the centenary year of the federation of Australia.


Allegiance and Identity in a Globalised World

Allegiance and Identity in a Globalised World
Author: Fiona Jenkins
Publisher: Cambridge University Press
Total Pages: 697
Release: 2014-11-06
Genre: Law
ISBN: 1107074339

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Examines questions of allegiance and identity in a globalised world through the disciplines of law, politics, philosophy and psychology.


The 1967 Referendum

The 1967 Referendum
Author: Bain Attwood
Publisher: Aboriginal Studies Press
Total Pages: 201
Release: 2007
Genre: History
ISBN: 0855755555

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On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.


Law and Democracy

Law and Democracy
Author: Glenn Patmore
Publisher: ANU Press
Total Pages: 183
Release: 2014-12-24
Genre: Law
ISBN: 1925022064

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Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.


The Constitution of Australia

The Constitution of Australia
Author: Cheryl Saunders
Publisher: Bloomsbury Publishing
Total Pages: 183
Release: 2010-11-30
Genre: Law
ISBN: 1847317405

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Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)