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Constitutional Reform as a Remedy for Political Disenchantment in Australia : The Discussion We Need
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ISBN: 9789811535994 Year: 2020 Publisher: Singapore Springer Singapore, Imprint: Springer

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Abstract

The central argument of this book explores the disillusionment that Australians feel with regard to the way politics is conducted. The book explores causes of that disillusionment, and argues that because these are ultimately traceable to defects in the constitution, it is only through constitutional reform that government can be improved. This book argues that the current approach to constitutional debate suffers from the flaw of being anti-theoretical, in the sense that it is not grounded in any set of values, and is afflicted by a tendency to consider practical objections to reform before considering the moral case for it. This book argues that instead of accepting the constitution as it is, it is time we began to discuss how it ought to be, taking human dignity as the fundamental value upon which a constitution should be based. It then puts the case for change in a number of areas, including reform of the electoral system, enhanced parliamentary scrutiny of the executive, the inclusion in the constitution of a full bill of rights, the abolition of the federal system, realisation of the rights of Indigenous people, codification of constitutional conventions either in conjunction with or separately from an Australian republic, reform of the rules of standing in constitutional matters and, finally, the need to improve civics education. This book is designed to be provocative in the way that it directly challenges current academic orthodoxy. This book also outlines a proposed draft new constitution. This book will be of interest to anyone who is concerned about how Australia is governed and why it has been so difficult to achieve constitutional reform.


Book
Indigenous Peoples and Constitutional Reform in Australia : Beyond Mere Recognition
Author:
ISBN: 9819971217 Year: 2024 Publisher: Singapore : Springer Nature Singapore : Imprint: Springer,

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This book examines whether Australia’s constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australia’s Indigenous peoples from the time of colonisation through to the current debate on ‘Indigenous constitutional recognition’. However, it argues that the term ‘Indigenous constitutional recognition', implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rightscan the power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australia’s Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change. .


Book
Constitutional Reform as a Remedy for Political Disenchantment in Australia
Authors: ---
ISBN: 981153599X 9811535981 9789811535994 Year: 2020 Publisher: Singapore Springer Singapore :Imprint: Springer

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Abstract

The central argument of this book explores the disillusionment that Australians feel with regard to the way politics is conducted. The book explores causes of that disillusionment, and argues that because these are ultimately traceable to defects in the constitution, it is only through constitutional reform that government can be improved. This book argues that the current approach to constitutional debate suffers from the flaw of being anti-theoretical, in the sense that it is not grounded in any set of values, and is afflicted by a tendency to consider practical objections to reform before considering the moral case for it. This book argues that instead of accepting the constitution as it is, it is time we began to discuss how it ought to be, taking human dignity as the fundamental value upon which a constitution should be based. It then puts the case for change in a number of areas, including reform of the electoral system, enhanced parliamentary scrutiny of the executive, the inclusion in the constitution of a full bill of rights, the abolition of the federal system, realisation of the rights of Indigenous people, codification of constitutional conventions either in conjunction with or separately from an Australian republic, reform of the rules of standing in constitutional matters and, finally, the need to improve civics education. This book is designed to be provocative in the way that it directly challenges current academic orthodoxy. This book also outlines a proposed draft new constitution. This book will be of interest to anyone who is concerned about how Australia is governed and why it has been so difficult to achieve constitutional reform.


Book
Indigenous Peoples and Constitutional Reform in Australia
Authors: ---
ISBN: 9789819971213 Year: 2024 Publisher: Singapore Springer Nature Singapore :Imprint: Springer

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Book
Constitutional and administrative law : basic principles
Authors: --- ---
ISBN: 0702123161 Year: 1989 Publisher: Cape Town Juta & Co, Ltd

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