This website uses cookies to ensure you have the best experience. Learn more

Nationhood Power In Australia Essay

2660 words - 11 pages

Our Constitution was inaugurated on principles instituted in our legal history. Among these none could be more fundamental than the rule of law, preserved by the distinct separation of powers. In situations when "the peace and tranquility" of the nation is "disrupted by natural or economic disasters or threatened by internal dissension or external aggression", the Executive is the arm of government uniquely equipped to respond to such calamity. While the powers of the executive in these times should be amplified in order to facilitate an appropriate response - so that order of things do not arrive at such a critical stage such that a nation's constitutional and legal fabric shatter - the extent of, and limitations on, this power cannot be dismissed as legal niceties, and needs to be examined thoroughly to be better understood. Sir Owen Dixon warned us, "History… shows that in countries where democratic institutions have been unconstitutionally superseded, it has been done not seldom by those holding executive power." The nature, scope, and exercise of the Commonwealth executive power have been exhaustively discussed as a contentious subject. This essay will focus on the development of the 'Nationhood' power and define its scope, culminating in the judgment in Pape v Commission of Taxation.[1: Hoong Phun Lee, Emergency Powers (Lawbook Company, 1984) 1. ][2: Australian Communist Party v The Commonwealth (1951) 83 CLR 1, 187 ("Communist Party Case").][3: E.g. George Winterton, Parliament, the Executive and the Governor General: a Constitutional Analysis (Melbourne University Press, 1983); George Winterton, 'The Limits and Use of Executive Power by a Government' (2003) 31 Federal Law Review 421; Sarah Joseph and Melissa Castan, Federal Constitutional Law: A Contemporary View (Lawbook Co., 3rd ed, 2010) 143-176; Tony Blackshield and George Williams, Australian Constitutional Law: Commentary and Materials (Federation Press, 5th ed, 2010) 480-521.][4: (2009) 238 CLR 1.]The older line of authority that stems out of an implied federal 'Nationhood' power comprises decisions in which the High Court has confirmed that the Commonwealth has power to protect the court against internal insurgence in addition to its express defence powers. In R v Sharkey it was held that the Commonwealth possesses the power to create an offence, inciting insurrection arose "out of the very nature and existence of the Commonwealth as a political institution". [5: (1949) 79 CLR 121.][6: Ibid, 148.]The judgment in Attorney-General (Vic) (Ex Rel Dale) v Commonwealth would be one of the earliest commentary of the Nationhood power, one in which we are allowed a glimpse of the otherwise undefined source of Executive power under s. 61. Dixon and Starke JJ referred to the 'Nationhood' power as a determinant of the extent of Commonwealth appropriation and spending power by articulating the powers under ss. 81, 83, 61, and 51(xxxix). The ramification of their judgments was that the...

Find Another Essay On Nationhood Power in Australia

The White Australia Policy Essay

1704 words - 7 pages -free criteria. That said, there is a lot more that needs to be done to diminish the divide between 'us' and 'them'. Better education about different cultures can help, but in a world that is still at war, it seems there will always be conflict fuelled by power between nations and therefore 'races'.ReferencesAustralian Council on Population and Ethnic Affairs. (1982). Multiculturalism for all Australians: Our developing nationhood. Canberra

Australia and Anti-Communism Description: discussion about how anti-communism in Australia influenced Australian politics and foreign policy

1623 words - 6 pages ; this allowed them to stay in power from 1949 to 1972. Nonetheless, discussion about the spread of communism and the appropriate response dominated parliament, overshadowing all other issues. Therefore, it can be said that fears about communism in Australia had a significant effect on the pattern of politics through the whole period of coalition dominance.BIBLIOGRAPHYBullimore, Kim, "1949 Coal Strike: Labor's boots and all sell out" available from

A Discussion Of The Strengths And Limitations Of Richard White's Thesis

1595 words - 7 pages subjects of the British Empire And because Australia persists so vainly in defining itself in terms of others, the national identity has, despite 101 years of Federation, failed to progress much beyond the Anzac legend. For so many, what happened at Anzac Cove on 25 April 1915 remains the definitive statement of Australian nationhood. .For example, in the words of General PC Grafton, Chief of the Defence Force,"We all know that...our soldiers and

Australian National Identity 1888 - 1914 A Research Report

4562 words - 18 pages democracy and racial unity, fairness was a significant part of the distinctive Australian identity that emerged and developed between 1888 and 1914.CONCLUSIONThe early visions of Australian nationhood fostered a strong sense of what was not Australian, resulting in quite stringent exclusions on the basis of race. However, the White Australia Policy was an affirmation of collective identity, which strengthened the idea of Australian nationhood. Also, the

General Overview of the Republic Debate

1051 words - 4 pages impractical a constitutional monarchy can be.Secondly, what image does borrowing a foreign head of state present of Australia to the international community? That we lack the self-confidence of full nationhood? Our current system retards both national self-esteem and cultural self-assurance, hence detrimentally affecting our relations with our neighbours in the Asia Pacific.Finally, the current method of appointing the head of state contradicts

Evaluate the social and economic change within Australian Society resulting from the impact of Calwell's Immigration Policy

2121 words - 8 pages the non-British immigrants were skilled) which is exactly what Australia's economy needed at the time, this labour was even enforced by compulsory work for 2 years . When Menzies came to power in 1949 he started a trend towards manufacturing and secondary production over the previous agriculture and rural production. This was due to the need for Australia to become a larger player on the world market and the discovery of new resources such as iron

The gradual transfer of legislative power from the imperial government to the colonies, States and the Commonwealth

2510 words - 10 pages Australian Developments in Legislative Independence:1787 to the 1820sAfter European settlement in 1788, Australia was politically organized as a number of separate British colonies, eventually six in all. New South Wales was governed largely as a military autocracy with few formal constraints upon the political power of the Governor. There was no provision for trial by a jury of one's peers, but only trial by military courts. The early courts

Aboriginal Land Rights

1564 words - 6 pages people. The land to these people were their most precious commodity. When white settlement began in Australia in 1788, the concept of terra nullius {the land belonging to no-one} was adopted by the British. This was assumed because the Aboriginals had not cultivated the land, so it was uninhabited. However, the Mabo Case in 1992 changed this notion. The Mabo Case 1992 In May 1982, Eddie Mabo and four other Meriam

The Old Parliament House at Canberra

1772 words - 7 pages then opened the first federal parliamentary session in Canberra. Britain was then very much the mother country of Australia. History records that only two indigenous Australians were present. The OPH was replaced by a new Parliament House in 1988 as the old one could not accommodate the politicians, press etc comfortably. When built it was meant to serve Australian politics up to 1977. The OPH is now conserved. It

The great depression

1611 words - 6 pages was too radical for the time.In June 1931 a final plan was announced. It was called the Premiers' Plan and set out to reduce government spending, reduce wages and pensions by up to 20%, lower interest rates on internal government debts, reduce mortgage rates, and finance some public works.The United Australia Party came to power from January 1932 and firmly put the Premiers' Plan into effect. The plan helped to some extent in encouraging the

"Describe the benefits the colonies gained from federation, and discuss the impact that federation had on the typical Australian"

872 words - 3 pages . Notwithstanding, racist attitudes of the time, the living standard for white men, generally rose. The chief strength, of federation was the sense of nationalism shaped, regardless of colony, in the minds of all citizens. Australians united, in the spirit of their island, continent country.Bibliography-Australia, History of-World Book 1999Experience of Nationhood-Class textbookhttp://www.nla.gov.au/guides/federation/politics.htmlhttp://www.objectivists.org.au/NewsLinks/ProtFallacy.htmhttp://www.curriculum.edu.au/democracy/classroom/fedfacts.htm

Similar Essays

The Reason For And Importance Of Domestic Politics, Great Power Alliances, And Foreign Policy Makers In The Involvement Of Australia In The Four Post World War Ii Asian Conflicts

4797 words - 19 pages This essay will discuss domestic politics, great power alliances, and foreign policy makers and their importance in the involvement of Australia in the four post World War II Asian conflicts. It will be shown that the most important foreign policy makers during the years of the Malayan Emergency and the Korean War between 1948 and 1960 were the Labor Minister for External Affairs, Herbert Evatt and Prime Minister Chifley who created the

Women's Suffrage In Australia. A Speech: Why Should Suffragettes Be Given The Power To Vote?

793 words - 3 pages sure that all the women in the room feel they benefit from being represented by men.Like the men who believe that by giving us the power to vote, we will neglect our household duties. Like the men who think that we will become bad mothers to the future lawmakers of this country because we are too selfish, too emotional and too weak. Are we intellectually incapable of decision-making and of judgement? Do we lack political vision? No, we do not!There

The Men Of The Open Spaces Focuses On The The Australian Bush Culture

882 words - 4 pages past views of popular culture that are still ubiquitous today, to construct a sense of national ideology. The text focuses on a very traditional concept of nationhood and constructs a stereotypical representation of Australian culture. This essay will explore this in relation to the discourses of gender, class and environment.The text focuses on a predominantly masculine discourse by stereotyping the traditional bush ethos of Australia, while

Australia's Involvement In International Conflicts Essay

593 words - 2 pages (refer to Appendix 4). Unfortunately due to a navigational error, the attack on Turkey failed miserably. However, many consider the Gallipoli campaign to be the beginning of true Australian nationhood (Bongiorno, Frank):"The Gallipoli campaign was a defining moment for Australia as a new nation ... when Australia went to war in 1914, many white Australians believed that their Commonwealth had no history, that it was not yet a true nation, that