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portada Australia's American Constitution and the Dismissal: How English Legal Science Marred the Founders' Vision
Type
Physical Book
Author
Publisher
Language
English
Pages
314
Format
Hardcover
Dimensions
22.9 x 15.2 x 2.2 cm
Weight
0.64 kg.
ISBN13
9781793641953
Categories

Australia's American Constitution and the Dismissal: How English Legal Science Marred the Founders' Vision

David Long (Author) · Lexington Books · Hardcover

Australia's American Constitution and the Dismissal: How English Legal Science Marred the Founders' Vision - Long, David

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Delivery: 09 Jul - 13 Jul Shipping: 5 to 6 business days.
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Synopsis "Australia's American Constitution and the Dismissal: How English Legal Science Marred the Founders' Vision"

David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General's 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.

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