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McCawley and Trethowan - The Chaos of Politics and the Integrity of Law - Volume 1

McCawley

By: Ian Loveland
Media of McCawley and Trethowan - The Chaos of Politics and the Integrity of Law - Volume 1
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Published: 29-07-2021
Format: PDF eBook (?)
Edition: 1st
Extent: 432
ISBN: 9781509927135
Imprint: Hart Publishing
RRP: £81.00
Online price : £64.80
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About McCawley and Trethowan - The Chaos of Politics and the Integrity of Law - Volume 1

In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers.

This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council.

The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the 20th century.

Table Of Contents

Acknowledgements
Preface
Table of cases
Table of legislation

1. Constituting New South Wales 1823-1850

2. Constituting New South Wales – and Queensland - 1850-1859

3. The Colonial Laws Validity Act 1865 – I: Origins

4. The Colonial Laws Validity Act 1865 – II: Policy (?) and Text

5. 'Constitutional' Developments in New South Wales and Queensland 1865-1900

6. Australian Confederation

7. Constitutional Controversy in Queensland: Kidston and Cooper

8. Constitutional Controversy in Queensland: Ryan and Taylor

9. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley – in the Queensland Courts

10. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley – in the High Court

11. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley – before the Privy Council

Bibliography
Index

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