David V Williams – författare
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5 produkter
5 produkter
2 189 kr
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The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II’s long reign approaches its end, questions about the Crown’s future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency.The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.
641 kr
Skickas inom 10-15 vardagar
The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II’s long reign approaches its end, questions about the Crown’s future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency.The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.
The Shapeshifting Crown
Locating the State in Postcolonial New Zealand, Australia, Canada and the UK
Inbunden, Engelska, 2019
1 259 kr
Skickas inom 7-10 vardagar
The Crown stands at the heart of the New Zealand, British, Australian and Canadian constitutions as the ultimate source of legal authority and embodiment of state power. A familiar icon of the Westminster model of government, it is also an enigma. Even constitutional experts struggle to define its attributes and boundaries: who or what is the Crown and how is it embodied? Is it the Queen, the state, the government, a corporation sole or aggregate, a relic of feudal England, a metaphor, or a mask for the operation of executive power? How are its powers exercised? How have the Crowns of different Commonwealth countries developed? The Shapeshifting Crown combines legal and anthropological perspectives to provide novel insights into the Crown's changing nature and its multiple, ambiguous and contradictory meanings. It sheds new light onto the development of the state in postcolonial societies and constitutional monarchy as a cultural system.
The Shapeshifting Crown
Locating the State in Postcolonial New Zealand, Australia, Canada and the UK
Häftad, Engelska, 2020
416 kr
Skickas inom 7-10 vardagar
The Crown stands at the heart of the New Zealand, British, Australian and Canadian constitutions as the ultimate source of legal authority and embodiment of state power. A familiar icon of the Westminster model of government, it is also an enigma. Even constitutional experts struggle to define its attributes and boundaries: who or what is the Crown and how is it embodied? Is it the Queen, the state, the government, a corporation sole or aggregate, a relic of feudal England, a metaphor, or a mask for the operation of executive power? How are its powers exercised? How have the Crowns of different Commonwealth countries developed? The Shapeshifting Crown combines legal and anthropological perspectives to provide novel insights into the Crown's changing nature and its multiple, ambiguous and contradictory meanings. It sheds new light onto the development of the state in postcolonial societies and constitutional monarchy as a cultural system.
464 kr
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In 1877, the NZ Supreme Court decided the case of Wi Parata v Bishop of Wellington, centred on the ownership and use of the Whitireia Block near Porirua, which had been granted by Ngati Toa to the Anglican Church for a school that was never built. Refusing jurisdiction over the case, the Court also denied the legal relevance of the Treaty of Waitangi in NZ law. The judges wrote, "So far indeed as that instrument purported to cede the sovereignty - a matter with which we are not directly concerned - it must be regarded as a simple nullity." Over the past 20 years, judges, lawyers and commentators have castigated the "simple nullity" view of the Treaty in this "infamous" case as a sign of the historic neglect of Maori rights by settlers, government, and the law in New Zealand. The case was used as a point of reference, in order to repudiate it, in the major Ngati Apa case that led to the Foreshore and Seabed legislation. Williams takes a fresh look at Wi Parata with insights into Maori/Pakeha relations and into the legal meaning of the Treaty.The case, he argues, tells us much about the power of 19th-century Maori as agents and about debates in Pakeha jurisprudence over the different potential legal sources of customary Maori rights (jure gentium and aboriginal title). Behind the apparent dismissal of the Treaty as a "simple nullity" lay deep arguments about Maori and Pakeha in Aotearoa NZ.