Constitutionalism and Society in Australia and Canada
Publication Year: 2002
Published by: University of Ottawa Press
Series: Governance Series
Table of Contents
I found as I work as Australia's representative in Ottawa that Australian history works with me. This was brought home to me in my initial meetings with some of the highest in the land. On two separate occasions I found myself being cross-questioned, not only about Australia's excellent economic performance and foreign policy, but about ...
As early as 1852, Australia's then most celebrated republican, the Reverend John Dunmore Lang, stated in his classic work Freedom and Independence for the Golden Lands of Australia that "Remote as [Australia and Canada] are from each other, there is a secret sympathy between these two countries". This connection, this simpatico relationship, would continue for several decades after Lang's perceptive observation up to the ...
Part I: Constitutionalism
1. "The Blizzard and Oz": Canadian Influences on the Australian Constitution Then and Now
With typical rhetorical flourish Lord Denning noted that it was "bluebell time in Kent" before he addressed himself to the quantum of damages occasioned by a nervous shock.2 The time of the season, as the title of this chapter suggests, may be one other reason why Canadians and Australians are drawn to investigate our respective approaches to public policies. As the northern winter descends, Australia, reclining in ...
2. Sister Colonies with Separate Constitutions: Why Australian Federationists Rejected the Canadian Constitution
In the sequence of events in the last decade of the 19th century that led - inexorably now, it seems - to the federation of Australia's colonies in 1901, one Canadian plays a small part. In early 1889, George Parkin, representing the Canadian branch of the Imperial Federation League, toured the colonies, bringing the gospel of British supremacy and imperial unity. The goal of the imperial federationists (who achieved only a ...
3. Democratic Pluralism: The Foundational Principle of Constitutionalism in Canada
Canada is potentially the global model of a peaceful country that has adopted democratic pluralism as its foundational principle of constitutionalism within its legal order. Canada is both a very new country, less than 200 years old and also a very old country, since its first inhabitants, the aboriginal people of Canada, have lived here from time immemorial. We have, in comparison to many European nations, a very ...
Part II: Colonialism
4. "Obnoxious Border Customs": A Catalyst for Federation
The earliest stirrings of Australian federalism occurred in the 1850s as the colonies divided. Driven at first by a desire to abolish the transportation of convicts, and having achieved success in this matter throughout the continent by the late 1860s, colonists turned their attention to the meaning of borders. How might these changes affect the trading relationships of people who had, in the past, been able to cross the Murray ...
5. Planting British Legal Culture in Colonial Soil: Legal Professionalism in the Lands of the Beaver and Kangaroo
The theme of "shaping nations" draws together a number of threads in contemporary historical, cultural and legal scholarship. It resonates deeply with important themes in the cultural histories of legal professions, in postcolonial studies and in comparative legal history.3 Despite considerable scholarly interest in both imperialism and in the construction ...
6. The Wattle and the Maple in the Garden of the Empire
Duke Lawless was the heir to the title and estates of Trafford Court, which belonged to his uncle, old Admiral Lawless. One fine summer day, Duke fell in love with Miss Emily Dorset, a woman like himself of limited income but in line for a big inheritance. Lawless was devoted to Emily but thought it prudent to make a home first before taking a wife. He leaned ...
Part III: Relations Between Australia and Canada
7. Parties Long Estranged: The Initiation of Australian Canadian Diplomatic Relations, 1935-1940
In their introduction to this volume, Linda Cardinal and David Headon have made reference to the Reverend John Dunmore Lang's 1852 comment about the existence of "a secret sympathy between" Australia and Canada. One hundred and thirty years later, Canadian academic T.H.B. Symons remarked that there were "few countries in the world which have as much in common as Australia and Canada". Both states ...
8. Throwing Out the Baby with the Bathwater? Huntington's "Kin-Country", Thesis and Australian-Canadian Relations
The end of the Cold War between 1989 and 1991 forced many students of international relations to rethink their theoretical perspectives to account for the profound changes so obviously underway in world politics. Among the theoretical newcomers in the early 1990s was the civilizational perspective advanced by Samuel P. Huntington. In an article in Foreign Affairs in 1993, entitled "The clash of civilizations?" and ...
9. Canada and Australia: An Ocean of Difference in Threat Perception
Canadians and Australians have a lot in common. They shared the same Empire and Commonwealth and similar parliamentary and federal systems in which defence and foreign affairs are almost wholly within the federal domain.1 Both countries have largely European populations, and residual pre-contact Aboriginal populations which, due to law, health and ...
10. The Great War Soldier as "Nation Builder" in Canada and Australia
In the 1999 Canada Day edition of Maclean's magazine, two of the country's most prominent historians, J.L. Granatstein and Norman Hillmer, selected the Battle of Vimy Ridge as first among 25 events that contributed to the formation of modern Canada. Although lamenting more than 3,000 dead and 7,000 wounded and though noting, in contrast ...
Part IV: Republicanism and National Identity
11. The Australian Republic: Still Captive After All These Years
On the evening of Thursday, November 18,1999, less than two weeks after the republic referendum was lost on November 6, Australian Prime Minister John Howard stood on a chair under a chandelier in the dining room of Kirribilli House in Sydney. In his speech of thanks to Kerry Jones, head of Australians for Constitutional Monarchy, the prime minister ...
12. Mateship, Mayhem and the Australian Constitution's Preamble
It was not by any stretch the simple Yes/No plebiscite question that many republicans had been hoping for; yet, until relatively late in the referendum campaign, cautious optimism remained in the "Yes" camp. History records that the Yes vote mustered less than 45 percent of the count nationwide, the No case 55 percent, and the question was defeated ...
13. Canada's Republican Silence
The argument that follows begins with a presumption. Like Conan Doyle's dog that did not bark, it is assumed that Canada ought to have a republican movement or debate or, at least, some definable republican sentiment. Why this is not the case is the subject of this paper. ...
Part V: Governance
14. Participation of Non-Party Interveners and Amici Curiae in Constitutional Cases in Canadian Provincial Courts: Guidance for Australia?
Given our shared common law heritage and, subject to what Helen Irving and John Williams have contributed to this volume (our constitutional concepts), it is perhaps a little surprising that the Federal Supreme Court of Australia,2 the High Court, takes comparatively little notice of the jurisprudence of the Canadian Supreme Court when ...
15. Innovations in Governance in Canada
... First forewarning. Canadians are a people characterized by prudence. Those who have psychoanalyzed Canadians most aptly ascribe this "characteristic prudence" to the fact that "to remain a people at all we have had to think before we speak, even to think before we think." This is why we are sometimes called "the people of the second thought".3 ...
16. Australian and Canadian Film Industries: A Personal Perspective
My contribution to this volume is a personal one, reflecting my experience in Canada at the Canadian Film Development Corporation, now known as Telefilm Canada, and most recently as CEO of the South Australian Film Corporation. Recently, and with much reluctance, the Australian Broadcasting Authority was required to accept New Zealand programming as "Australian Content" under provisions of the Closer ...
17. A Practitioner's View of Comparative Governance in Australia and Canada
How do systems of government in Australia and Canada operate? Do they differ in practice? As High Commissioner, I worked for and within one government, that of Australia. At the same time I am paid to observe, understand, collaborate with, negotiate with and influence that of another country, Canada. Understanding the mechanics of the two systems of ...