Melbourne Law School - Research Publications

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End date: 1999 × Author: Waugh, John ×

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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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    A question of capacity: the case of Justice Bruce
    WAUGH, JOHN ( 1998)
    In 1998, complaints against Justice Vince Bruce of the New South Wales Supreme Court led to an investigation by the state's Judicial Commission and a parliamentary debate on the judge's removal. This comment notes the history of removal of judges in Australia, the framework for investigation of judicial complaints in New South Wales, and the outcome of the inquiry into Justice Bruce.
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    The Victorian government and the jurisdiction of the Supreme Court
    WAUGH, JOHN ( 1996)
    In the mid-1990s, controversy erupted over the number of acts of parliament that were reducing the jurisdiction of the Supreme Court of Victoria. This article analyses the legislation that led to this controversy, the significance of Victoria distinctive constitutional entrenchment of Supreme Court jurisdiction, and other aspects of the constitutional position of the Supreme Court.
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    The Kennett government and the constitution: no change?
    WAUGH, JOHN (UNSW Press, 1999)
    A persistent criticism of the government led by Victorian Premier Jeff Kennett from 1992 to 1999 was that it had changed or weakened the State's constitution. This chapter analyses changes to the text of the constitution, the jurisdiction of the State's Supreme Court, government immunity, independence of public offices and constitutional checks and balances. It concludes with comments on the nature of change under a constitution that can be amended by ordinary legislation.