This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations-the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government. The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.

This is the first comprehensive study of the ways in which Aborigines and Torres Strait Islanders have been excluded from the rights of Australian citizenship over the past 100 years. Drawing extensively on archival material, the authors look at how the colonies initiated a policy of exclusion that was then replicated by the Commonwealth and State governments following federation. The book includes careful examination of government policies and practice from the 1880s to the 1990s. It argues that there was never any constitutional reason why Aborigines could not be granted full citizenship.

This is the first comprehensive study of the ways in which Aborigines and Torres Strait Islanders have been excluded from the rights of Australian citizenship over the past 100 years. Drawing extensively on archival material, the authors look at how the colonies initiated a policy of exclusion that was then replicated by the Commonwealth and State governments following federation. The book includes careful examination of government policies and practice from the 1880s to the 1990s. It argues that there was never any constitutional reason why Aborigines could not be granted full citizenship.

This provocative book argues that Australia is already a federal republic rather than a constitutional monarchy. While the book does not deny the parliamentary and monarchic elements of the Australian system, it calls for a positive reassessment of the constitution. Brian Galligan forcefully argues that the Australian constitution has primacy over the other political institutions of the nation. The book considers fundamental issues such as the role of the Senate, the possibility of a bill of rights, the way in which the High Court fits into the current system, and the nature of intergovernmental relations. This book will overturn the orthodoxies of much informed opinion, and will challenge republicans and monarchists alike. Brian Galligan’s unique perspective as a political scientist throws new light on many constitutional aspects of federalism and will stimulate wide debate.

Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.