Melbourne Law School - Research Publications

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Author: Waugh, John ×

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Now showing 1 - 10 of 19
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    THE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA
    Waugh, J (ROYAL HISTORICAL SOC VICTORIA, 2006-11-01)
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    Contempt of Parliament in Victoria
    Waugh, J (Adelaide Law Review Association, 2005)
    The wide powers of State Parliaments to punish members and outsiders vary from State to State. Authorities on contempt of Parliament have compared the different jurisdictions, but there has been no specific study of contempt of the Victorian Parliament. Its powers are different from those of the Commonwealth, New South Wales and Tasmanian parliaments, and it has a distinctive record of little-known contempt cases. This article provides an overview of the Victorian Parliament’s powers and the way they have been used.
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    New Federation History
    Waugh, J (Melbourne University Law Review Association, 2000)
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    Framing the First Victorian Constitution, 1853–5
    Waugh, J (Faculty of Law, Monash University, 1997)
    As the approaching centenary of federation renews interest in Australian constitutional history, it is timely to examine the colonial constitutions that were current law for the framers of the Commonwealth Constitution. They were the result of the first Australian exercises in constitution-making. Many of their provisions are still in force. This article describes the framing of one of the new constitutions of the 1850s, the Victorian Constitution Act of 1855. The work of the politicians who dominated Victoria at the start of the gold rush, it created the framework for the constitutional crises of the 1860s and 1870s and remains the source of many provisions of the Constitution Act 1975 (Vic).
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    The Victorian Government and the Jurisdiction of the Supreme Court
    Waugh, J (Law School, University of New South Wales, 1996)
    Recent events have directed attention to the place of the Supreme Court of Victoria in the State constitutional structure, as argument has emerged in the press and elsewhere about legislation reducing the Court's jurisdiction. This article considers the legislation which has led to this controversy, the significance of Victoria's distinctive constitutional entrenchment of Supreme Court jurisdiction, and other aspects of the constitutional position of the Supreme Court.
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    Capital Punishment in Colonial Victoria: The Role of the Executive Council
    Waugh, J (Royal Historical Society of Victoria, 2017)
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    The Big Hill Murder and the Colonial Death Penalty
    Waugh, J (Public Record Office Victoria, 2018)
    This article is a case study of the way the decision to commute a death sentence was reached. The Big Hill murder attracted intense public interest in 1860 and generated extensive records. These document the processes by which the governor and ministers decided to exercise the prerogative of mercy and commute the death sentence of a convicted murderer; they also record the prisoner’s later attempts to clear his name. The case shows how commutation of a death sentence was influenced by official perceptions of the degree of certainty with which guilt was established, and illustrates the processes that authorities used to reach, and reassess, that conclusion.
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    Controversy and Renown: Coleman Phillipson at the Adelaide Law School
    Waugh, J (University of Adelaide, 2021-10-14)
    Coleman Phillipson, international lawyer and Professor of Law at the University of Adelaide from 1920 to 1925, became the first Australian professor of law to be forced to resign, when a controversy over private coaching of students ended his academic career. He was the first Australian professor of law of Jewish heritage, his family having settled in northern England after leaving Russian Poland as anti-Semitism flared there in the early 1880s. Before it appointed Phillipson, the University received private warnings that he was Jewish. While he conceded the truth of the key allegations that led to his resignation, he believed that he was unfairly treated. The details of the controversy, recorded in archival sources, allow it to be seen in the context of Phillipson’s life and the University’s history.
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    Book review: David Syme: Man of the Age
    WAUGH, J (Royal Historical Society of Victoria, 2015)