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Constitutional Perspectives on an Australian Republic

Constitutional Perspectives on an Australian Republic

Essays in Honour of Professor George Winterton

Edited by Sarah Murray


What are the key legal and constitutional issues that would arise if Australia attempted to switch from a constitutional monarchy to a republic?

Stephen Gageler writes on the limits of section 128; Anne Twomey on “One In All In” – can a Commonwealth referendum to create a republic also convert State constitutions to a republican form; Sarah Murray examines the “Winterton” minimalist approach, Cheryl Saunders the Direct Election model; Peter Johnston investigates whether republican States can exist in a federal monarchy and Janine Pritchard the reverse – monarchical States in a federal republic; Alan Fenna explores the political science considerations and Jim Thomson the problems posed for drafters.

Chief Justice French dedicates the book to the late George Winterton, Chief Justice Martin introduces it and Greg Craven wraps it all up with characteristic aplomb.


Dedication to George Winterton - Chief Justice Robert French

Velvet to Father of the Republic - A Brother’s Tribute
Peter Winterton
Chief Justice Wayne Martin

Part 1: The Amendment Process

Amending the Commonwealth Constitution Through Section 128 – A Journey Through Its Scope and Limitations
Stephen Gageler
One In, All In - The Simultaneous Implementation of a Republic at Commonwealth and State Levels
Anne Twomey

Part 2: Implementing Models

The Minimalist Winterton Model
Sarah Murray
Beyond Minimalism
Cheryl Saunders

Part 3: The States Doing It For Themselves

Going it Alone – Republican States Under a Monarchical Commonwealth
Peter Johnston
Monarchical States under a Republican Commonwealth
Janine Pritchard

Part 4: Political Science and Drafting Issues

The Incremental Republic
Alan Fenna
Drafting Australian Constitutions: Historical Perspectives and Future Paths
James A Thomson

Part V: Conclusion

A Gripping Discussion on the Road to Nowhere?
Greg Craven
Bibliography of Republican Works of Professor George Winterton
Jackie McArthur

Table of Cases / Table of Statutes/ Index



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  • Contributors

Dedication to George Winterton, by Robert French AC, Chief Justice of Australia


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Published 1 July 2010
Publisher The Federation Press
ISBN 9781862877825
Australian RRP $99.00
International Price $90.00
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Law - Constitutional

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