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

David Long

Australia's American Constitution and the Dismissal: How English Legal Science Marred the Founders' Vision
Format
Hardback
Publisher
Lexington Books
Country
United States
Published
28 April 2021
Pages
314
ISBN
9781793641953

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

David Long

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 States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General’s 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.

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