Interpreting the constitution: a politico-legal essay
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Cleveland Public Library - Off-site Storage - Social Sciences Department Storage342.94 184On Shelf

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Format
Book
Physical Desc
4 preliminary leaves, 3-331, [1] pages 23 cm
Language
English

Notes

Dissertation
"This essay, in its original form, was designed as a thesis for the degree of doctor of laws of the University of Melbourne."--Preface.
Description
"When, over thirty years ago, the Convention which framed a Federal Constitution for Australia was nearing the end of its labours, it yielded to the arguments of Mr. H.B. Higgins, the junior representative from the state of Victoria, and allowed to be inserted under the "Powers of the Parliament" the indefinite and far-reaching subsection (xxxv) dealing with industrial disputes. Every draftsman knows the dangers of inserting new provisions into the completed framework of an act, because of the difficulty of forecasting the exact effect these new provisions may work on portions of the act already embedded in their places and invested in the minds of their sponsors with settled meaning. Rarely, indeed, were the dangers better exemplified than they have been in this case. The insertion of the words has upset the whole basis on which the Federal scheme was devised - that basis being that there should be a distribution, with as close an approximation to definiteness as possible, of the total mass of governmental powers, between Federation and states. The possibilities were not realized at the time, but the position today almost demonstrably is, whether it is recognized or not, that Australians are living under a constitution which it was not intended to "ordain and establish", or, to put the same proposition in another way, that they are not living under the constitution which it was intended to establish." -- introduction, page 9.

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Citations

APA Citation, 7th Edition (style guide)

Brennan, T. C. (1935). Interpreting the constitution: a politico-legal essay . Melbourne University Press in association with Oxford University Press.

Chicago / Turabian - Author Date Citation, 17th Edition (style guide)

Brennan, Thomas Cornelius, 1871-. 1935. Interpreting the Constitution: A Politico-legal Essay. Melbourne, London: Melbourne University Press in association with Oxford University Press.

Chicago / Turabian - Humanities (Notes and Bibliography) Citation, 17th Edition (style guide)

Brennan, Thomas Cornelius, 1871-. Interpreting the Constitution: A Politico-legal Essay Melbourne, London: Melbourne University Press in association with Oxford University Press, 1935.

Harvard Citation (style guide)

Brennan, T. C. (1935). Interpreting the constitution: a politico-legal essay. Melbourne, London: Melbourne University Press in association with Oxford University Press.

MLA Citation, 9th Edition (style guide)

Brennan, Thomas Cornelius. Interpreting the Constitution: A Politico-legal Essay Melbourne University Press in association with Oxford University Press, 1935.

Note! Citations contain only title, author, edition, publisher, and year published. Citations should be used as a guideline and should be double checked for accuracy. Citation formats are based on standards as of August 2021.

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