Brian Galligan - Böcker

This edited volume is a comprehensive examination of the legal framework in which environmental policy is fashioned in the major English-speaking federations—the United States, Canada, and Australia. The need for national solutions to environmental problems emerged long after the largest share of governmental power was allotted to states or provinces. This volume attempts to solve the paradox of how a country can have effective laws protecting the environment, vigorously enforced, when legislative and administrative powers are divided between two tiers of government.The contributors analyze environmental lawmaking along three dimensions. Part I describes the formal constitutional allocation of powers between states or provinces and the federal government, concluding that on paper environmental protection is essentially a local responsibility, although the reality is far different. In Part II the contributors explore the extent to which governments resort to informal negotiations among themselves to resolve environmental disputes. Part III is a thorough canvassing of the judiciary's role in making environmental policy and resolving disputes between levels and branches of government. In Australia and Canada, the courts play a relatively less important role in formulating policy than in the United States. In conclusion, the work shows that the level of environmental protection is relatively high in these three federations. Environmental politics, the work suggests, may be less divisive in federations than in unitary systems with comparable levels of development.

This provocative book, first published in 1995, argues that Australia is already a federal republic rather than a constitutional monarchy. It argues that by adopting a federal constitution in 1901 Australians ensured their status as a sovereign people. While the book does not deny the parliamentary and monarchic elements of the Australian system, it calls for a positive reassessment of the Constitution. Brian Galligan forcefully argues that the Australian Constitution has primacy over the other political institutions of the nation. The book considers fundamental issues that arise in discussion of the Constitution and federalism, including the role of the Senate, the possibility of a bill of rights, the way the High Court fits into the current system and the nature of governmental relations. This book will overturn the orthodoxies of much informed opinion and will challenge republicans and monarchists alike. Brian Galligan's unique perspective as a political scientist throws light on many aspects of federalism and will stimulate wide debate.

This is the first comprehensive study of the ways in which Aborigines and Torres Strait Islanders have been excluded from the rights of Australian citizenship over the past 100 years. Drawing extensively upon archival material, the authors look at how the colonies initiated a policy of exclusion that was then replicated by the Commonwealth and State governments following federation. The book includes careful examination of government policies and practice from the 1880s to the 1990s and argues that Aboriginal people have been central to notions of Australian citizenship by virtue of their exclusion from it. It overturns many assumptions and misunderstandings, arguing that there was never any constitutional reason why Aborigines could not be granted full citizenship. The authors show that citizenship was an empty term used to discriminate systematically against Aboriginal people.

This is the first comprehensive study of the ways in which Aborigines and Torres Strait Islanders have been excluded from the rights of Australian citizenship over the past 100 years. Drawing extensively upon archival material, the authors look at how the colonies initiated a policy of exclusion that was then replicated by the Commonwealth and State governments following federation. The book includes careful examination of government policies and practice from the 1880s to the 1990s and argues that Aboriginal people have been central to notions of Australian citizenship by virtue of their exclusion from it. It overturns many assumptions and misunderstandings, arguing that there was never any constitutional reason why Aborigines could not be granted full citizenship. The authors show that citizenship was an empty term used to discriminate systematically against Aboriginal people.

The year 2013 is the 40th anniversary of the end of the 'White Australia policy'. In these four decades Australia's immigration policy has shifted from a primary concern with cultural homogeneity or Britishness to a focus on demand-based skills through an increasingly fine-tuned system of points tests, occupation lists and employer-sponsored visas.Despite disproportionate politicisation of asylum seekers in recent public discourse, the intake of refugees and humanitarian entrants has remained relatively small. While Australia's contemporary migrant and refugee intake is truly multicultural, and governments continue to adhere to an official multicultural policy, integration into the Australian community and culture has been the dominant process, especially for second and third generation Australians. Australian identity and citizenship have changed in the last forty years, making Australia and its people more pluralistic and richly diverse.Becoming Australian focuses on the ways in which migrants and refugees meet the challenges of 'becoming Australian' and the transformative process for Australia and its people as they incorporate the continuing influx of multicultural peoples.

Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.

Until now there have been few attempts to examine the different models of federalism appropriate in Asia, let alone to trace the extent to which these different perspectives are compatible, converging, or mutually influencing each other. This book redresses the balance by demonstrating the varieties of Asian federalism.Federalism in Asia explores the range of theoretical perspectives that shape debates over federalism in general, and over territorial, multinational, hybrid, and asymmetric federalism in particular relation to Asia. The contributors share their understanding of how federal or quasi-federal institutions manage ethnic conflicts and accommodate differences, how democratization facilitates the development of federalism and how federalism facilitates or inhibits democratization in Asia. Their conclusion is that hybrid federalism or quasi-federalism is more prevalent in some Asian countries than others; and the need and potential for greater federalism in more Asian countries makes this sortie into this area worthwhile. While federalism is relevant to Asia, the working pattern of Asian federalism does not necessarily follow a Western style. Hybrid federal institutional design can be seen as an Asian strategy of managing ethnic conflicts through federal arrangements.This unique book will be of great interest to a wide range of scholars and researchers who work on issues of federalism, political economy, public policy, ethnic relations, cultural diversity and democratization in the Asian region. Policymakers and activists dealing with issues of minority rights and ethnic conflict in the region, government officials and NGOs within Asia, and officials in international agencies and organizations will also find much to engage them.

Does the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion, and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organizations, NGOs, and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand, and the Phillipines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to 'normalize' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as scholars in politics, human rights, international relations and government and NGO analysts. Contributors include: M.K. Connors, T.W.D. Davis, M. Ford, B. Galligan, A. Kent, A. McGregor, T. Milner, R.C. Pangalangan, S. Peou, G. Rodan, A. Saeed, R. Samaddar

Until now there have been few attempts to examine the different models of federalism appropriate in Asia, let alone to trace the extent to which these different perspectives are compatible, converging, or mutually influencing each other. This book redresses the balance by demonstrating the varieties of Asian federalism.Federalism in Asia explores the range of theoretical perspectives that shape debates over federalism in general, and over territorial, multinational, hybrid, and asymmetric federalism in particular relation to Asia. The contributors share their understanding of how federal or quasi-federal institutions manage ethnic conflicts and accommodate differences, how democratization facilitates the development of federalism and how federalism facilitates or inhibits democratization in Asia. Their conclusion is that hybrid federalism or quasi-federalism is more prevalent in some Asian countries than others; and the need and potential for greater federalism in more Asian countries makes this sortie into this area worthwhile. While federalism is relevant to Asia, the working pattern of Asian federalism does not necessarily follow a Western style. Hybrid federal institutional design can be seen as an Asian strategy of managing ethnic conflicts through federal arrangements.This unique book will be of great interest to a wide range of scholars and researchers who work on issues of federalism, political economy, public policy, ethnic relations, cultural diversity and democratization in the Asian region. Policymakers and activists dealing with issues of minority rights and ethnic conflict in the region, government officials and NGOs within Asia, and officials in international agencies and organizations will also find much to engage them.