The Naked Australian Constitution: Interpretations, Inadequacies, and Implications

Ian Killey

doi:10.5771/9781666908879

Summary

Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.

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Bibliographic data

Edition: 1/2022
Copyright Year: 2022
ISBN-Print: 978-1-6669-0886-2
ISBN-Online: 978-1-6669-0887-9
Publisher: Lexington, Lanham
Language: English
Pages: 232
Product Type: Monograph

1. Dedication No access
2. Contents No access
3. Foreword No access
4. 1. Notes No access
5. Acknowledgments No access
1. Notes No access
1. 1. Notes No access
2. 1. Notes No access
3. 1. Notes No access
1. 1. Notes No access
2. 1. Section 101 No access
  2. Section 41 No access
  3. Section 92 and “Absolutely Free” No access
  4. Notes No access
3. 1. Section 80 No access
  2. Section 116 No access
  3. 1. Section 90 No access
  4. Notes No access
4. 1. Implied Immunities Doctrine No access
  2. Separation of Powers No access
  3. Implied Freedom of Expression No access
  4. “Peace Order and Good Government” No access
  5. Notes No access
5. 1. Notes No access
6. 1. Notes No access
7. 1. Notes No access
8. 1. Notes No access
1. Constitutions and Legislation No access
2. Judicial Authorities No access
3. United Kingdom No access
4. United States No access
Index No access Pages 221 - 230
About the Author No access Pages 231 - 232