Download PDF by Leslie Zines: Constitutional Change in the Commonwealth

By Leslie Zines

ISBN-10: 0511522274

ISBN-13: 9780511522277

ISBN-10: 0521031095

ISBN-13: 9780521031097

ISBN-10: 0521400392

ISBN-13: 9780521400398

This booklet is anxious with alterations and proposed alterations to the governmental buildings 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 loose themselves legally from their constitutional ties with the uk, now not accomplished until eventually the Eighties. the second one part examines makes an attempt and recommendations to cut back the ability of the parliaments to impair person and democratic rights. in simple terms Canada has accomplished anything just like the USA' invoice of Rights, yet there are a few social pressures within the comparable path within the different 3 nations. the ultimate part compares the judicial interpretation of the federal constitutions of Canada and Australia. This in flip is in comparison with the placement of england within the EEC. because of political forces and judicial interpretation, the ability of the British Parliament is gradually waning in want of elevated neighborhood strength, in a way corresponding to that taking place with regards to the distribution of important and local energy in Canada and Australia.

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This was because the Act made the constitutional question, that is the relevance of the body to the defence of the Commonwealth or the preservation of the Constitution, dependent purely on legislative judgement in the case of the Australian Communist Party, itself, and on executive judgement in the case of other bodies. This had been permitted in a time of total war, but was held not to be supported by the international circumstances that existed in 1950. A major reason for rejecting the Government's arguments was stated by Sir Owen Dixon as follows: The Constitution .

7 MacCormick v Lord Advocate [1953] Session Cases 396. 18 In Australia, the High Court held invalid the Communist Party Dissolution Act 1950 which purported, inter alia, to dissolve that party and any other organizations that had a significant communist membership if the Governor-General in Council was 'satisfied' (among other things) that the continued existence of the body would be prejudicial to the security and defence of the Commonwealth or to the execution or maintenance of the Constitution or laws of the Commonwealth.

In a sense, however, the European Convention provides a practical check on parliamentary power (as 54 INDIVIDUAL AND DEMOCRATIC RIGHTS unsatisfactory as it is) in Britain that is absent from the other two countries. Indeed the Chief Justice of Australia has recently said (referring to entrenched rights) that 'Australia and New Zealand are virtually alone in standing outside the mainstream of legal development'. ^ As a result of the Constitution Act ig82 Canada has an entrenched Charter of Rights and Freedoms.

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Constitutional Change in the Commonwealth by Leslie Zines


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