In the second part of this two-volume study, Ian Loveland delves
deeply into the immediate historical and political context of the
Trethowan litigation which began in New South Wales in 1930 and
reached the Privy Council two years later. The litigation centred
on the efforts of a conservatively-inclined government to prevent a
future Labour administration led by the then radical politician
Jack Lang abolishing the upper house of the State's legislature by
entrenching the existence of the upper house through the legal
device of requiring that its abolition be approved by a state-wide
referendum. The book carefully examines the immediate political and
legal routes of the entrenchment device fashioned by the State's
Premier Sir Thomas Bavin and his former law student, colleague and
then Dean of the Sydney University law school Sir John Peden, and
places the doctrinal arguments advanced in subsequent litigation in
the State courts, before the High Court and finally in the Privy
Council in the multiple contexts of the personal and policy based
disputes which pervaded both the State and national political
arenas. In its final chapter, the book draws on insights provided
by the detailed study of McCawley (in volume one) and Trethowan to
revisit and re-evaluate the respective positions adopted by William
Wade and Ivor Jennings as to the capacity of the United Kingdom's
Parliament to introduce entrenching legislation which would be
upheld by the courts.
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