The Constitution of New South Wales

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The Constitution of New South Wales

ISBN : 9781862875166
Publisher : Federation Press
Author(s) :
Publication Date :
Overview The Constitution of New South Wales provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW), including their legislative history and examples of their use. It covers the constitution, operation and interaction of the State legislature, executive and judiciary, as well as the relationship between the State and the Commonwealth in the federal system. Most importantly, it deals with all the issues necessary to determine the validity of State laws, including: the legislative power of the State Parliament; limitations on legislative power derived from different sources including express and implied limitations in the Commonwealth Constitution; the effectiveness of State manner and form constraints and the consequences of their breach; legislative procedure; and the technical rules concerning the passage of taxation and appropriation bills. Whilst the book uses the Constitution Act 1902 (NSW) as its focus, it addresses constitutional issues arising in all Australian States, such as parliamentary privilege, electoral law and disputes about the qualification and disqualification of Members of Parliament, money bills and parliamentary procedure. It deals with these issues from a State perspective, raising important distinctions that are not addressed in texts on Commonwealth constitutional law. The Constitution of New South Wales places the constitutional framework of the State in its historical and political context. Using previously unpublished government material, it provides a fundamental reassessment of the relationship between the States, the Commonwealth and the United Kingdom, and the first detailed analysis of the negotiation and application of the Australia Acts 1986, which now form a significant part of State constitutions. It explains how the Parliament, the Executive Council and the Cabinet operate in practice, rather than theory, and gives practical examples to illustrate the operation of constitutional provisions. This, the first and only comprehensive analysis of the New South Wales Constitution, is an essential addition to all legal, government and university libraries. A NSW Sesquicentenary of Responsible Government publication.



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