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Australia's American Constitution and the Dismissal: How English Legal Science Marred the Founders' Vision

By David Long
eBook
$121.50
By David Long
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David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign S...

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LawConstitutional LawConstitutional Law - General & Miscellaneous