The Rule of Law in Australia
Living in the Long Shadow of Colonialism
Seiten
2027
Hart Publishing (Verlag)
978-1-5099-7205-0 (ISBN)
Hart Publishing (Verlag)
978-1-5099-7205-0 (ISBN)
- Noch nicht erschienen (ca. März 2027)
- Versandkostenfrei
- Auch auf Rechnung
- Artikel merken
Investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, ‘the rule of law’ in Australia.
This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, ‘the rule of law’ in Australia.
It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law.
It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced.
With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia’s rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government’s response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government’s ‘Robodebt’ inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.
This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, ‘the rule of law’ in Australia.
It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law.
It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced.
With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia’s rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government’s response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government’s ‘Robodebt’ inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.
Gabrielle Appleby is a Professor at the Law Faculty of the University of New South Wales, Australia. Megan Davis is Pro Vice-Chancellor Indigenous UNSW and a Professor at the Law Faculty of the University of New South Wales, Australia.
Introduction
1. Duelling Understandings of the Rule of Law
2. First Nations and Foundational Failures of Rule of Law
3. Colonial Legacies
4. Rule of Law as Conceived by the Courts
5. Judicial independence and the Protection of Rule of Law
6. Rule of Law in the Courts
7. Discretions
8. Integrity and Transparency
9. Regulating Interests
| Erscheint lt. Verlag | 4.3.2027 |
|---|---|
| Reihe/Serie | The Rule of Law in Context |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Öffentliches Recht | |
| ISBN-10 | 1-5099-7205-6 / 1509972056 |
| ISBN-13 | 978-1-5099-7205-0 / 9781509972050 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
| Haben Sie eine Frage zum Produkt? |
Mehr entdecken
aus dem Bereich
aus dem Bereich
Sammlung des Zivil-, Straf- und Verfahrensrechts, Rechtsstand: 6. …
Buch | Hardcover (2025)
C.H.Beck (Verlag)
CHF 53,20
Buch | Softcover (2023)
Franz Vahlen (Verlag)
CHF 27,70
Planung - Lernstrategie - Zeitmanagement
Buch | Softcover (2025)
Franz Vahlen (Verlag)
CHF 39,95
