The Naked Australian Constitution

Interpretations, Inadequacies, and Implications

Ian Killey author

Format:Hardback

Publisher:Lexington Books

Published:7th Jul '22

Currently unavailable, and unfortunately no date known when it will be back

The Naked Australian Constitution cover

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.

Australian federation has certainly been a study in unintended consequences. Elaborate constitutional provisions have proved, in some cases surprisingly quickly, to be pointless or redundant, while judicial interpretation, among other factors, has rendered the federal division of powers almost a dead letter—whereas the Judiciary has lavished care and attention on doctrines of its own creation which find, at best, obscure support in the text of the document. Ian Killey's book contains a thorough-going critique of the course of developments—although it can be safely said that his views will not command universal agreement—alongside several useful suggestions for improvement.

-- Greg Taylor, University of Adel

ISBN: 9781666908862

Dimensions: 229mm x 159mm x 21mm

Weight: 494g

246 pages