McCawley and Trethowan : the chaos of politics and the integrity of law. Ian Loveland. vol 1: McCawley /

Oxford : Hart Publishing, 2021

1st edition

199815

McCawley, Thomas William, -- Judge, -- appointed 1917-1922.

Trethowan, Arthur King, -- 1863-1937.

Constitutional history -- Cases -- Australia.

Political questions and judicial power -- History -- 20th century -- Australia.

Legislative power -- History -- Australia.

Queensland -- Politics and government -- History -- Politics and government -- History.

New South Wales -- Politics and government -- History -- Politics and government -- History.

1. Constituting New South Wales 1787–1850

2. 'Constituting' New South Wales – And Queensland – 1850–1861

3. Th e Colonial Laws Validity Act 1865 – I: Origins

4. Th e Colonial Laws Validity Act 1865 – II: Policy (?) and Text

5. Constitutional Developments in New South Wales and Queensland 1865–1900

6. Australian Confederation

7. Constitutional Controversy in Queensland: Kidston and Cooper

8. Constitutional Controversy in Queensland: Ryan and Taylor

9. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley in the Queensland Courts

10. Constitutional Controversy in Queensland: Ryan, Theodore and McCawley – In the High Court

11. Constitutional Controversies in Queensland: Ryan, Theodore and McCawley – Before the Privy Council.

In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 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 19th and early 20th 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, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century. - Publisher's website.

Discusses the cases: McCawley v The King [1920] UKPC 22, [1920] AC 691; (1920) 28 CLR 106 (8 March 1920), Privy Council (on appeal from Australia); Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council.

Includes bibliographical references and index.

The chaos of politics and the integrity of law : volume 1 : McCawley

9

xxxiv, 349 pages ; 25 cm