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.

Does the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion, and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organizations, NGOs, and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand, and the Phillipines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to 'normalize' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as scholars in politics, human rights, international relations and government and NGO analysts. Contributors include: M.K. Connors, T.W.D. Davis, M. Ford, B. Galligan, A. Kent, A. McGregor, T. Milner, R.C. Pangalangan, S. Peou, G. Rodan, A. Saeed, R. Samaddar

Until now there have been few attempts to examine the different models of federalism appropriate in Asia, let alone to trace the extent to which these different perspectives are compatible, converging, or mutually influencing each other. This book redresses the balance by demonstrating the varieties of Asian federalism. Federalism in Asia explores the range of theoretical perspectives that shape debates over federalism in general, and over territorial, multinational, hybrid, and asymmetric federalism in particular relation to Asia. The contributors share their understanding of how federal or quasi-federal institutions manage ethnic conflicts and accommodate differences, how democratization facilitates the development of federalism and how federalism facilitates or inhibits democratization in Asia. Their conclusion is that hybrid federalism or quasi-federalism is more prevalent in some Asian countries than others; and the need and potential for greater federalism in more Asian countries makes this sortie into this area worthwhile. While federalism is relevant to Asia, the working pattern of Asian federalism does not necessarily follow a Western style. Hybrid federal institutional design can be seen as an Asian strategy of managing ethnic conflicts through federal arrangements. This unique book will be of great interest to a wide range of scholars and researchers who work on issues of federalism, political economy, public policy, ethnic relations, cultural diversity and democratization in the Asian region. Policymakers and activists dealing with issues of minority rights and ethnic conflict in the region, government officials and NGOs within Asia, and officials in international agencies and organizations will also find much to engage them.

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.

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.

Until now there have been few attempts to examine the different models of federalism appropriate in Asia, let alone to trace the extent to which these different perspectives are compatible, converging, or mutually influencing each other. This book redresses the balance by demonstrating the varieties of Asian federalism. Federalism in Asia explores the range of theoretical perspectives that shape debates over federalism in general, and over territorial, multinational, hybrid, and asymmetric federalism in particular relation to Asia. The contributors share their understanding of how federal or quasi-federal institutions manage ethnic conflicts and accommodate differences, how democratization facilitates the development of federalism and how federalism facilitates or inhibits democratization in Asia. Their conclusion is that hybrid federalism or quasi-federalism is more prevalent in some Asian countries than others; and the need and potential for greater federalism in more Asian countries makes this sortie into this area worthwhile. While federalism is relevant to Asia, the working pattern of Asian federalism does not necessarily follow a Western style. Hybrid federal institutional design can be seen as an Asian strategy of managing ethnic conflicts through federal arrangements. This unique book will be of great interest to a wide range of scholars and researchers who work on issues of federalism, political economy, public policy, ethnic relations, cultural diversity and democratization in the Asian region. Policymakers and activists dealing with issues of minority rights and ethnic conflict in the region, government officials and NGOs within Asia, and officials in international agencies and organizations will also find much to engage them.

During our first century as a nation, citizenshipandmdash;for a majority of Australiansandmdash;has meant the enjoyment of progressive political, social, economic and legal rights. Yet many groups in our society have been denied the usual benefits of citizenship, including; the vote; equality before the law; freedom of speech, religion and movement; health care; education and a minimum wage. Unlike that of the United States of America, Australia's constitution provides no definition of the rights and obligations of its citizens. John Chesterman and Brian Galligan have searched Commonwealth and State legislation, parliamentary debates, law reports, official correspondence, United Nations conventions and works of historical scholarship, and provide surprising evidence to show that the concept of citizenship in Australia is an elusive but crucial one. It pervades Australian politics, and has determined the course of individual lives in many different areas, including female suffrage, the White Australia Policy, compulsory voting, Aboriginal rights, equal pay, sex discrimination, wartime internment and Menzies' attempt to ban the Communist Party. In Defining Australian Citizenship they reveal, for the first time, the complexity of Australian legislation as it has tried, over the years, to accommodate changing ideas about exactly what citizenship entails and who is, or is not, eligible for it.