A Brief History of the Judicial Review of Legislation under the Australian Constitution

2012 ◽  
Vol 40 (2) ◽  
pp. 227-252 ◽  
Author(s):  
Matthew Stubbs
Keyword(s):  
United States ◽  
Judicial Review ◽  
The United States ◽  
The Third ◽  
History Of ◽  
Historical Examination

Although lacking an express mandate, since Federation courts have declared legislation ultra vires if they find it contrary to the Australian Constitution. This article undertakes an historical examination in four parts, to determine whether this judicial review of legislation is legitimate. First, objections to the institution are identified. Second, the justifications for judicial review of legislation developed in the United States, and expressed in the seminal 1803 decision of Marbury v Madison, are examined. Having identified the twin justifications as the supremacy of the Constitution and the primacy of the judiciary in its interpretation, the third section analyses Australian Federation records to see if these justifications are supported, and whether they rebut the objections raised. Finally, the persistence of these justifications after Federation is demonstrated. It is concluded that evidence of the supremacy of the Constitution, and the primacy of the judiciary in its interpretation, is sufficient to justify judicial review of legislation under the Australian Constitution.

The Making of the "First Dog": President Warren G. Harding and Laddie Boy

2005 ◽  
Vol 13 (2) ◽  
pp. 109-138 ◽  
Author(s):  
Helena Pycior
Keyword(s):  
United States ◽  
Twentieth Century ◽  
The United States ◽  
Cultural Factors ◽  
White House ◽  
Cultural Icon ◽  
The Third ◽  
The Press ◽  
American Press ◽  
History Of

AbstractThis paper traces the history of the cultural icon of the "First Dog" of the United States back to the administration of President Warren G. Harding (1921-1923). It briefly explores technological and socio-cultural factors—including the early-twentieth-century cult of human and nonhuman celebrities—that laid a basis for the acceptance of Laddie Boy, Harding's Airedale terrier, as the third member of the First Family and a celebrity in his own right. Following Laddie Boy, First Dogs would greet and entertain visitors to the White House, pose for the press, make public appearances, and "talk." While recognizing that Laddie Boy's personality was essential to his success at the White House, the paper also documents the steps taken by President Harding, his wife Florence Kling Harding, and the American press to establish Laddie Boy as the First Dog of the land. The paper argues that the construction of the cultural icon of the First Dog was not simply a political ploy to humanize the President but more a calculated attempt by President Harding to further animal welfare.

scholarly journals Muslim Communities in North America

1995 ◽  
Vol 12 (1) ◽  
pp. 114-118
Author(s):  
Omar Altalib
Keyword(s):  
United States ◽  
The United States ◽  
Religious Studies ◽  
Immigrant Communities ◽  
Ethnic Communities ◽  
The West ◽  
History Of Religion ◽  
The Third ◽  
History Of ◽  
Muslim Communities

This book, which is a collection of 22 articles by 25 authors, is appropriatefor undergraduate courses on religion in the United States, religiousminorities, immigrant communities, the history of religion, and the sociologyof Islam and Muslims. The first part contains five articles on religiouscommunities, the second part has nine articles on the mosaic of Islamiccommunities in major American metropolitan centers, and the third partconsists of eight articles on ethnic communities in metropolitan settings.Each part should have been a separate book, as this would have made thebook less bulky and more accessible to those who are interested in onlyone of the areas covered.Reading this book makes it clear that there is great need for Muslimscholars to study and analyze their own communities, which have a richhistory and have only been studied recently. Books such as this are animportant contribution to the understanding of Muslims in the West andalso serve to clear up many misconceptions about Muslims, a developmentthat makes interfaith and intercommunity dialogue easier.Part 1 begins with an article on the Shi'ah communities in NorthAmerica by Abdulaziz Sachedina (professor of religious studies, University ...

The Project for a New Anglo Century

2016 ◽  
Author(s):  
Duncan Bell
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Intellectual History ◽  
The United States ◽  
Late Nineteenth Century ◽  
The Third ◽  
History Of ◽  
Late Nineteenth ◽  
Anglo American ◽  
Constituent Elements

This chapter sketches a synoptic intellectual history of the attempt to unify the constituent elements of the “Anglo-world” into a single globe-spanning community, and to harness its purported world-historical potential as an agent of order and justice. Since the late nineteenth century numerous commentators have preached the benefits of unity, though they have often disagreed on the institutional form it should assume. These are projects for the creation of a new Anglo century. The first two sections of the chapter explore overlapping elements of the fin de siècle Anglo-world discourse. The third section traces the echoes of debates over the future relationship between the empire and the United States through the twentieth century, discussing the interlacing articulation of imperial-commonwealth, Anglo-American, democratic unionist, and world federalist projects. The final section discusses contemporary accounts of Anglo-world supremacy.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Sarah H Cleveland ◽  
Paul B. Stephan
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Political Process ◽  
The United States ◽  
Public Officials ◽  
The Third ◽  
History Of

This introductory chapter serves as a foreword for the volume. It sketches the history of past restatements and the evolution of the latest one. The first (confusingly called Second) Restatement of the Foreign Relations Law of the United States brought widespread attention to the term “foreign relations law.” It staunchly defended the proposition that foreign relations, no matter how imbued with discretion and prerogative, still must rest on law. The Third Restatement, prepared during a period of what to many seemed constitutional retrenchment and a loosening of judicial supervision over public life, offered a robust defense of the proposition that, “In conducting the foreign relations of the United States, Presidents, members of Congress, and public officials are not at large in a political process; they are under law.” Moreover, it insisted that the judiciary, as much as the executive and Congress, creates and enforces this law. To the extent that the Third Restatement rested its claims on its view of the state of customary international law, other influential actors pushed back. The Fourth Restatement revisits the Third’s claims, especially about the central role of the judiciary, in light of the evolution of both U.S. and international law and practice.

Outrageous Flirtation, Repressed Flirtation, and the Gallic Singularity

2020 ◽  
Vol 38 (1) ◽  
pp. 67-90
Author(s):  
Jean Elisabeth Pedersen
Keyword(s):  
United States ◽  
The United States ◽  
Democratic Society ◽  
American Women ◽  
The Third ◽  
The Future ◽  
History Of ◽  
Democracy In America ◽  
Changing Attitudes ◽  
Gender System

This article offers a new way of understanding Alexis de Tocqueville’s complex position as a French observer who studied the United States, an ambivalent aristocratic cultural commentator who put his hopes for the future in democratic society, and a paradoxical figure in the history of debates over the so-called “Gallic singularity” who ultimately argued that the new American sex/gender system could provide a better model for women in a democracy than the traditional French one. The introduction and first section highlight Tocqueville’s changing attitudes toward what he saw as the key contrasts between European marriages and American marriages by comparing his initial letters home from the United States with his eventual work in Democracy in America. The second section compares his views of French and American women with those of his contemporaries Germaine de Staël and Gustave de Beaumont. The third section explains his changing views by establishing the connections between his comparative arguments about women and marriage and his comparative arguments about democracy itself.

Studies in the History of the United States Courts of the Third Circuit

1984 ◽  
Vol 28 (3) ◽  
pp. 283
Author(s):  
Richard A. Brisbin ◽  
Stephen B. Presser ◽  
Richard Simpson ◽  
Kenneth Goodsmith ◽  
Cooper Ashley
Keyword(s):  
United States ◽  
The United States ◽  
The Third ◽  
History Of

Cuba, the United States, and the Uses of the Third World Project, 1959–1967

2020 ◽  
pp. 241-273
Author(s):  
Eric Gettig
Keyword(s):  
United States ◽  
Latin American ◽  
Third World ◽  
The United States ◽  
Fidel Castro ◽  
The Third ◽  
Cuban Government ◽  
History Of ◽  
Future Direction ◽  
The Third World

This essay analyzes the international history of the efforts of the Cuban government led by Fidel Castro to project itself as a leader of Third World internationalism after coming to power in January 1959. It begins by exploring revolutionary Cuba's first effort to convene and host a major international conference, a "Conference of Underdeveloped Nations" in Havana in 1960. Using a combination of the published Cuban press and several diplomatic archives – chiefly from the United States and United Kingdom, but also including a few Mexican and Venezuelan documents and the 47-page internal report of Cuban Ambassador Carlos Lechuga's tour of Latin America in January-February 1960, obtained from his family in Havana – the chapter analyzes the failure of Cuba's efforts to convene this conference, and the efforts of the Eisenhower administration to discourage Latin American governments from participating. At a time when Cuba's international orientation was very much in flux, the struggle over the conference became part of a larger contest over the future direction of the Revolution and over Latin American engagement with both the U.S. and the Third World.

Supreme Life: The History of a Negro Life Insurance Company, 1919–1962

1969 ◽  
Vol 43 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Robert C. Puth
Keyword(s):  
United States ◽  
Life Insurance ◽  
The United States ◽  
Mortality Rates ◽  
Insurance Company ◽  
Future Trends ◽  
Life Insurance Company ◽  
The Third ◽  
History Of

The history of Supreme Life Insurance Company, now the third largest black insurance firm in the United States, is representative of its industry as a whole. In this first study of an individual Negro life insurance firm, Professor Puth suggests that Supreme Life may also serve as a barometer of future trends as black firms compete with larger white companies now being drawn into the formerly segregated market by falling mortality rates and rising incomes among Negroes.

The United States and the Palestinians, 1977–2012

2013 ◽  
Vol 42 (4) ◽  
pp. 61-72 ◽  
Author(s):  
Rashid Khalidi
Keyword(s):  
United States ◽  
Middle East ◽  
The United States ◽  
Policy Formation ◽  
Recent Book ◽  
The Third ◽  
History Of ◽  
Arab Israeli Conflict ◽  
The U.S ◽  
Camp David Accords

This essay, based on the author’s talk presenting a recent book, Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East, examines the dynamics of U.S. policy formation on Palestine, mainly through the lens of three “clarifying moments” in the history of U.S. involvement in the Arab-Israeli conflict. The first of these moments concerns efforts to revive and modify the Palestinian autonomy provisions of the 1978 Camp David Accords as an element of the 1982 Reagan Plan. The second examines Israeli-U.S. connivance during 1991–93 Madrid/Washington Palestinian-Israeli negotiations as revealed in confidential documents, and the third focuses on President Barack Obama’s retreat during the second half of his first term from positions staked out earlier. More generally, the essay looks at the underpinnings and continuity of U.S. policy and how it has evolved.

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