Melbourne Law School - Research Publications

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End date: 2009 × Type: Journal Article × Author: Waugh, John ×

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Now showing 1 - 7 of 7
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    THE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA
    Waugh, J (ROYAL HISTORICAL SOC VICTORIA, 2006-11)
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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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    DISQUALIFICATION OF MEMBERS OF PARLIAMENT IN VICTORIA
    Waugh, J (MONASH UNIV, FAC LAW, 2005)
    Laws restricting eligibility for membership apply to all Australian parliaments, but their meaning and effect are often uncertain. The laws governing membership of the Parliament of Victoria are particularly archaic and confused. Successive amendments have been poorly integrated, creating awkward problems of interpretation. Most of the grounds of disqualification were originally derived from British models, but some have remained in Victorian law long after their abolition in the United Kingdom. Questions about their effect arise regularly, but few cases reach the courts, partly because of limitations on justiciability. This article explores the Victorian disqualifications, considering in particular the position of government office-holders and government contractors, and avenues for raising disqualification questions.
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    Appointing the Governor-General: The case of William McKell
    Waugh, J (LAWBOOK CO LTD, 2006-03)