Beyond the Republic : Meeting the Global Challenges to Constitutionalism

by Preston, Noel J. G.

• ISBN13: 9781862873773
• ISBN10: 1862873771
• Format: Hardcover
• Copyright: 2001-03-01
• Publisher: Federation Press

Summary

What challenges do Australian constitutional law, theory and practice each face now that globalisation - the unimpeded movement of people, money, information and ideas across national boundaries - is eroding the sovereignty of nation-states?Other writers have studied globalisation, but as a political, economic, social or environmental rather than a constitutional phenomenon. Works on Australian constitutionalism tend to assume that the centuries-old tradition of national sovereignty will continue. This book systematically discusses both topics in tandem, and analyses how each affects the other.Three key themes are reflected in the three parts in the book: Whither National Sovereignty, Constitutional Structures, and Individual and Minority Rights. The first discusses the decline of the "external" power of national governments relative to international organisations and NGOs. The second focusses on the declining "internal" power of national governments relative to legislatures, in particular Upper Houses, and to sub-national governments. The third charts the declining power of national governments relative to the citizens and minority communities they govern.These themes and the way they are elaborated in the book are explained in the Introduction. See Chapter Extracts, on this page.

Table of Contents

Introduction

Globalisation and Constitutionalism

W[h]ither National Sovereignty?

Reconceiving and Reinstitutionalising Liberal Democratic Values in a More Global World

The Decline of Sovereignty: Problems for Democratic Government

The Empire Strikes Back

The Constitution, Sovereignty and 19th Century Globalisation

The Changing Context of Australian Citizenship

The Case for Multiculturalism

The Constitution of International Civil Society Aynsley Kellow Democracy in a World of Global Markets Tom Campbell Democracy as Comparative Advantage

Democracy: Its Survivability Alun A Preece

Constitutional Theory and Structure

The Australian Constitution and the Challenge of Theory

Dividing Power in a Federation in an Age of Globalisation Cheryl Saunders A Federation amid Global Imperatives?

The Role of Upper Houses: Is Westminster Washed Up?

The Role of the Upper House Senator

Government as a Public Trust

Individuals, Minorities and Their Rights Recognising Rights Alice ES

Tay Constitutional Transformations: Universal Values and the Politics of Constitutional Understanding Heinz Klug Globalisation - the Bane of Popular Sovereignty?

Constitutional Cants Gerald N Rosenberg Law's Laws

The Demand and Supply of Rights Neil Komesar Recognition of Indigenous Rights

American Law, Australian Law and International Law Garth Nettheim First Peoples, Late Admissions

Recognising Indigenous Rights

Recognising Indigenous Law in Australia

Drawing on the African Experience Bede Harris Rights of Indigenous People and Conservation

Joint Management of National Parks in South Africa and Australia Bertus de Villiers

Constitutional Dreaming Christine Morris Appendices

Promotion of the Right to Democracy

Items Proposed for Framework Agreement and Political Negotiations Process

Bibliography

Index

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