Constitutional reform as a remedy for political disenchantment in Australia : the discussion we need

Constitutional reform as a remedy for political disenchantment in Australia : the discussion we need / Bede Harris.

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 constitutiona...

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Bibliographic Details
Main Author: Harris, Bede
Format: eBook
Language:English
Published: Singapore : Springer, 2020.
Subjects:
Constitutional law > Australia.
Civil procedure, litigation & dispute resolution.
Political structures: democracy.
Political structure & processes.
Elections & referenda.
Law > Civil Procedure.
Political Science > Political Ideologies > Democracy.
Political Science > Public Policy > General.
Constitutional law
Australia
Online Access:Click for online access
Table of Contents:
  • Intro
  • Preface
  • Acknowledgements
  • Contents
  • About the Author
  • Table of Cases
  • Chapter 1: Public Disillusionment with Politics in Australia
  • 1.1 Disillusionment with Politicians
  • 1.2 Diminishing Respect for the Rule of Law
  • 1.3 Political Corruption
  • 1.4 Poor Standards of Interpersonal Behaviour
  • 1.5 Poor Leadership
  • 1.6 Governmental Instability
  • 1.7 Lack of Confidence in the System of Government
  • 1.8 Overcoming Impediments to Constitutional Reform
  • References
  • Chapter 2: A Question of Values
  • 2.1 Constitutionalism and the Rule of Law
  • 2.2 Democratic Positivism
  • 2.3 Constitutional Change in Australia
  • 2.4 Human Dignity
  • References
  • Chapter 3: Our Current Constitution
  • 3.1 Settlement and Australian Independence
  • 3.2 Federalism
  • 3.3 The Branches of Government and Partial Separation of Powers
  • 3.4 The Structure of the Federal Parliament
  • 3.5 The House of Representatives
  • 3.6 The Senate
  • 3.7 The Passage of Legislation
  • 3.8 Legislative Committees
  • 3.9 The Executive and the Operation of Conventions
  • 3.10 The Formation of Government
  • 3.11 The Judicial Branch
  • 3.12 Individual Rights
  • References
  • Chapter 4: Democracy
  • 4.1 Defining Democracy
  • 4.2 The Australian Electoral System
  • 4.3 Designing a New Electoral System
  • 4.4 The Single Transferrable Vote System
  • 4.5 Coalitions and Governmental Stability
  • 4.6 Electoral Reform and Australian Politics
  • References
  • Chapter 5: What Are 'Rights' and Where Do They Come from?
  • 5.1 What Are Rights?
  • 5.2 The Theoretical Basis of Constitutional Rights
  • 5.3 Human Rights and Democracy
  • 5.4 Human Rights Protection in Australia
  • 5.5 Other Objections to a Bill of Rights
  • References
  • Chapter 6: What a Bill of Rights Should Contain
  • 6.1 Generations of Rights
  • 6.2 Limitation of Rights
  • 6.3 The Content of a Bill of Rights
  • 6.3.1 The Right to Life
  • 6.3.2 Freedom of the Person and Associated Procedural Rights
  • 6.3.3 Freedom of Movement
  • 6.3.4 The Right Not to Be Subject to Inhumane Treatment or Punishment
  • 6.3.5 Freedom of Expression
  • 6.3.6 The Right to Vote and Other Political Rights
  • 6.3.7 Freedom of Association
  • 6.3.8 Freedom of Religion
  • 6.3.9 The Right to Property
  • 6.3.10 Right to Information
  • 6.3.11 Administrative Justice
  • 6.3.12 Privacy
  • 6.3.13 Equality
  • 6.3.14 Socio-economic, Cultural and Environmental Rights
  • 6.4 To Whom Should a Bill of Rights Apply?
  • References
  • Chapter 7: Holding Government to Account
  • 7.1 Scrutiny of Government
  • 7.2 Parliamentary Debate and the Role of the Speaker
  • 7.3 Parliamentary Privilege
  • 7.4 The Scrutiny Power of Parliamentary Committees
  • 7.5 Executive Defiance of Parliament
  • 7.6 Reforming the Rules of Executive Accountability
  • 7.7 Public Interest Immunity
  • 7.8 The Example of the United States
  • 7.9 Reviving Responsible Government
  • References
  • Chapter 8: Federalism and the Efficiency Deficit

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