The Constitution of New South Wales

Front Cover
Federation Press, 2004 - Law - 917 pages
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; and 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; the effectiveness of State manner and form constraints and the consequences of their breach; and legislative procedure. While 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 parliamentary procedure.
 

Contents

New South Wales and its Constitution
1
Imperial Links with the States and their Removal
49
37
55
Commonwealth power to remove Imperial limitations upon State laws
71
The procedure for the enactment of the Australia Acts
92
The power to enact the Australia Acts 1986
111
Was the enactment of both Australia Acts necessary and do they both
125
Imperial Limitations upon judicial power appeals to the Privy Council
154
Office of profit under the Crown
431
Member of one House incapable of being elected to the other
443
Determination of disqualification
450
Codes of conduct and the ICAC
459
Parliamentary Procedure
460
Parliamentary Privilege
489
Appropriation and Taxation
530
The Executive
583

The Legislature and Legislative Power
163
The Legislature and Legislative Power
213
Deadlocks Between the Houses
246
Manner and Form
268
referendum
315
Electoral Procedure
323
The Houses of the Legislature and Their Members
361
Qualification Disqualification and the Expulsion of Members of Parliament
397
Constitutional disqualifications
403
Other disqualifications Section 13A
420
The Judiciary
718
The States and a Republic
760
Could a Commonwealth referendum sever the ties between the States
775
ties with the Crown
791
Federalism the States and the Commonwealth Constitution
796
Bibliography
856
Constitution Act 1902 NSW
864
Index
898
Copyright

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