The Parliament as Partner: A Century of Constitutional Review

Saunders, Cheryl

doi:10.2139/ssrn.259959

Cited by 19 publications

(6 citation statements)

References 28 publications

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“…Constitutions lie beyond the reach of the executive and legislative branches because they bind everyone and can be amended only by invoking special procedures designed to make change difficult. For example, the Australian Constitution provides that it “shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth,” and constitutional change requires popular referendum with a demanding double majority requirement (Saunders, ) . In this way a written constitution “is designed to be an anchor in the past … it creates rules that bind until a supermajority of the living changes them” (Easterbrook, : 363).…”

Section: Freedom Of Action In the Domestic Spherementioning

confidence: 99%

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

Opeskin

2012

International Migration Review

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This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains “the last major redoubt of unfettered national sovereignty.”

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Section: Freedom Of Action In the Domestic Spherementioning

confidence: 99%

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

Opeskin

2012

International Migration Review

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“…In Switzerland and Australia, two majorities are also required for the approval of certain laws: a majority of all voters and a majority of states. The main argument in Australia and Switzerland for using such rules is to protect minorities (see, e.g., Feld andKirchgässner 1998 andSaunders 2001 for a recent survey).…”

Section: Double Majority Rulesmentioning

confidence: 99%

Democratic Mechanisms

Gersbach

2009

Journal of the European Economic Association

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We introduce democratic mechanisms as a set of rules that must obey liberal democracy's fundamental principles of equal voting and agenda rights. We show that an appropriate combination of three rules may yield efficient provision of public projects: first, flexible and double majority rules, where the size of the majority depends on the proposal, and taxed and non-taxed individuals need to support the proposal; second, flexible agenda costs, where the agenda-setter has to pay a certain amount of money if his proposal does not generate enough supporting votes; third, a ban on subsidies. We highlight that universal equal treatment with regard to taxation is undesirable. Finally, we illustrate how simple constitutions involving fixed super majority rules yield socially desirable outcomes if the agenda-setter is benevolent.

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“…In recent years, a greater ability to look beyond party-political stereotypes and short-term political gains has been identified as an important need in all debates on constitutional development (e.g. Saunders 2000). This need clearly applies to questions concerning the relationship between regionalism and federalism under the present Constitution.…”

Section: Deliberative Culturementioning

confidence: 99%

Federalism, Regionalism and the Reshaping of Australian Governance

Brown¹

2007

Federalism and Regionalism in Australia: New Approaches, New Institutions?

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The Parliament as Partner: A Century of Constitutional Review

Cited by 19 publications

References 28 publications

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

Managing International Migration in Australia: Human Rights and the “Last Major Redoubt of Unfettered National Sovereignty”

Democratic Mechanisms

Federalism, Regionalism and the Reshaping of Australian Governance

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