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The Constitution of Independence - The Development of Constitutional Theory in Australia, Canada, and New Zealand (Hardcover, New)
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The Constitution of Independence - The Development of Constitutional Theory in Australia, Canada, and New Zealand (Hardcover, New)
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The Constitution of Independence is a contribution to the newly
rejuvenated subject of comparative Commonwealth constitutional law,
politics, and history. In Australia, Canada, and New Zealand, a
series of fascinating developments have been under way for more
than a decade, characterized by independent thinking,
experimentation, and cross-Commonwealth borrowing of constitutional
ideas. These include the final termination of constitutional ties
with the United Kingdom Parliament (completed in each country's
case in the 1980s) and the emergence of controversial issues
including variably entrenched or implied rights and freedoms;
wide-ranging claims by indigenous peoples; republicanism; and
assertions of national, popular, and sectional sovereignty. This
book explores the development of constitutional thinking in
Australia, Canada, and New Zealand from early domination by
Imperial ideas, through the adoption of the Statute of Westminster
and the contemplation of severing Imperial connections, to
irreversible acquisition of constitutional independence in the
1980s. This book focusses primarily on sovereignty and the legal
system, concepts which are also central to contemporary
constitutional theory in Europe and the United States. The book
closes with an evaluation of recent varied and often contradictory
accounts of the constitutional foundations of Australia, Canada,
and New Zealand, which depict a wide range of scenarios: from
constitutional continuity and respect for the rule of law, to
popular sovereignty and disguised revolution. Oliver argues that
explanations of constitutional independence are characterized by
their reliance on independent, country-specific constitutional
thinking that evolved over the last century. on
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