McCawley and Trethowan: The Chaos of Politics and the Integrity of Law: Volume 1: McCawley

Description

In this two-volume work, Ian Loveland offers a detailed exploration and analysis of two Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the nineteenth and early twentieth centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre ‘Two Act entrenchment’ principle which emerged in Queensland’s constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, and on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century. Preface Acknowledgements Brief Contents Detailed Contents Abbreviations Table of Cases Table of Legislation 1. Constituting New South Wales 1787–1850 I. An Unusual Type of Colony II. The New South Wales Act 1823 III. The Australian Courts Act 1828 IV. The Australian Constitutions Act 1842 V. The Australian Colonies Constitution Act 1850 2. 'Constituting' New South Wales – And Queensland – 1850–1861 I. The New South Wales Constitution Bill 1853 II. The New South Wales Constitution Act 1855 III. The Law and the Politics of 'Dis-Entrenchment' IV. The Creation of Queensland as a Separate Colony 3. The Colonial Laws Validity Act 1865 – I: Origins I. Constitutional Controversies in Early 1860s Queensland – Lutwyche II. South Australia's Constitutional Crises – Boothby and Gwynne 4. The Colonial Laws Validity Act 1865 – II: Policy (?) and Text I. Palmer and Collier's Report II. The Act – And its Enactment III. Meanwhile – And Afterwards – On the South Australia Supreme Court IV. Conclusion 5. Constitutional Developments in New South Wales and Queensland 1865–1900 I. The 'Two-Thirds' Clauses in the Queensland Constitution Act 1867 II. Queensland – Griffith … and McIlwraith III. New South Wales – Parkes IV. Towards Australian Federation? 6. Australian Confederation I. The Terms of Federation II. Party Political Alignments in the Commonwealth Parliament in Early Twentieth-century Australia III. In the High Court and Privy Council – the Implied Immunity of Instrumentalities Doctrine IV. Conclusion 7. Constitutional Controversy in Queensland: Kidston and Cooper I. William Kidston and the Politics of Progressive Coalition II. Income Tax and the Judges – The Cooper Litigation III. The Constitution Act Amendment Act 1908 and the Parliamentary Bills Referendum Act 1908 IV. Conclusion 8. Constitutional Controversy in Queensland: Ryan and Taylor I. Abolishing the Queensland Legislative Council? II. Taylor in the Queensland Courts III. Taylor in the High Court 9. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley in the Queensland Courts I. In the Queensland Courts II. Regularising the Proceedings III. Taylor before the Privy Council 10. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley – In the High Court I. The Hearing II. The Majority Judgments III. The Dissenting Judgments IV. Abolition of the Legislative Council and the 1919 National Election 11. Constitutional Controversies in Queensland: Ryan, Theodore and McCawley – Before the Privy Council I. The Hearing II. The Judgment III. The Eventual Abolition of the Queensland Legislative Council IV. National Developments V. An Opportunity Not Taken – Or Not Realised? Bibliography Index