Glory without Power: The Nationhood Power and Commonwealth Spending on Sport
In: (2021) 95 Australian Law Journal 274
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In: (2021) 95 Australian Law Journal 274
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In: Hart Studies in Constitutional Law Ser.
Intro -- Foreword -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation -- PART I: EXECUTIVE POWER IN AUSTRALIA -- 1. Introduction -- I. The Scope of this Book -- II. Overview and Structure of the Book -- 2. The Executive Power of the Commonwealth -- I. Section 61 of the Australian Constitution -- II. Sources of Commonwealth Executive Power -- III. A Framework of Analysis: The 'Breadth' and 'Depth' of Commonwealth Executive Power -- IV. Conclusion -- PART II: THE SCOPE OF THE NATIONHOOD POWER -- 3. The Development of the Nationhood Power in the Australian Case Law -- I. The Nationhood Power, Appropriations and Spending in the Australian Assistance Plan Case -- II. The Development of the Nationhood Power in Davis v Commonwealth -- III. The Nationhood Power and Commonwealth Spending -- IV. Limitations on the Nationhood Power -- V. Conclusion -- 4. The Nationhood Power and the Use of the Armed Forces During Emergencies -- I. The Constitutional Framework -- II. The Statutory Framework: Part IIIAAA of the Defence Act 1903 (Cth) -- III. Use of the ADF During Civil Emergencies in Australia -- IV. Scope of Commonwealth Executive Power to Use the ADF During Emergencies -- V. Conclusion -- 5. The Nationhood Power and Border Protection -- I. The Tampa Case -- II. The Tampa Case: Expanding the 'Depth' of the Executive Power? -- III. The Relationship between Commonwealth Executive Power and the Migration Act 1958 (Cth) -- IV. Conclusion -- PART III: LIMITATIONS ON THE NATIONHOOD POWER -- 6. Federalism as a Limit on the Nationhood Power -- I. Substantive Conception of Federalism Underpinning the Nationhood Power Cases -- II. Competition with State Executive Competence -- III. Availability of Other Constitutional Mechanisms and the Relevance of State Consent -- IV. Conclusion -- 7. Conclusion -- Bibliography -- Index.
In: Hart studies in constitutional law volume 12
"The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government."--
In: Melbourne University Law Review, Band 34, Heft 1, S. 313-343
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In: Media Nations, S. 9-25
In: Federal Law Review, April 2009
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In: Hart studies in constitutional law volume 12
In: Oxford University Commonwealth Law Journal, Band 12, Heft 1, S. 1-35
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In: 47(3) Monash University Law Review (Forthcoming)
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In: Comparative studies of South Asia, Africa and the Middle East, Band 32, Heft 1, S. 13-24
ISSN: 1548-226X
This article examines the role of poetry in illuminating and challenging the meaning of citizenship in the border region of Gilgit-Baltistan, which is located in the north of Pakistan and is internationally considered as forming part of Pakistani Kashmir. Ali discusses how poetic performances constitute a critical public arena for protesting political dispossession and for nurturing a postsectarian, religious harmony in the region. The article also complicates our understanding of the state, as several of the poets in Gilgit work for the local government. From this overlapping position as local inhabitants and state officials, they seek to create spaces of poetic reflection that can help reshape the state as well as society in Gilgit-Baltistan.
In: Nations and nationalism: journal of the Association for the Study of Ethnicity and Nationalism, Band 26, Heft 4, S. 864-882
ISSN: 1469-8129
AbstractNational celebrations are one of the ways by which nations attempt to maintain connectedness with the past and strengthen national identities. Centenary celebrations, in particular, make identity questions visible and bring them to the centre of public debate and, thus, provide an opportunity to examine question such as 'where do we come from' and 'where are we going'. In this research, we examine conceptions of nationhood and history in the year of the Finnish centenary 2017. As the Finnish centenary programme was simultaneously organised 'from above' as an elite‐driven and 'from below' as citizen‐driven collective endeavour, it provided unique material for exploring the construction, meanings and negotiations of social representations of nationhood and history. Our analysis brings forth the power struggle of meanings, the ways in which hegemonic narratives are challenged and contested and the ways in which affects and emotions are entangled with the meaning‐making in commemoration and nation‐building practices, for example, by employing narrative empathy in commemorations. Different projects of the centenary programme make different subject positions available for the participants, such as a position of hardworking Finn or brave Finn in hegemonic narratives and, respectively, a position of emancipated women or fragile and traumatised soldiers in alternative narratives.
In: The journal of development studies: JDS, Band 23, Heft 1, S. 139-141
ISSN: 0022-0388
In: FRINGE
Central Peripheries explores post-Soviet Central Asia through the prism of nation-building. Although relative latecomers on the international scene, the Central Asian states see themselves as globalized, and yet in spite of – or perhaps precisely because of – this, they hold a very classical vision of the nation-state, rejecting the abolition of boundaries and the theory of the 'death of the nation'. Their unabashed celebration of very classical nationhoods built on post-modern premises challenges the Western view of nationalism as a dying ideology that ought to have been transcended by post-national cosmopolitanism. Marlene Laruelle looks at how states in the region have been navigating the construction of a nation in a post-imperial context where Russia remains the dominant power and cultural reference. She takes into consideration the ways in which the Soviet past has influenced the construction of national storylines, as well as the diversity of each state's narratives and use of symbolic politics. Exploring state discourses, academic narratives and different forms of popular nationalist storytelling allows Laruelle to depict the complex construction of the national pantheon in the three decades since independence. The second half of the book focuses on Kazakhstan as the most hybrid national construction and a unique case study of nationhood in Eurasia. Based on the principle that only multidisciplinarity can help us to untangle the puzzle of nationhood, Central Peripheries uses mixed methods, combining political science, intellectual history, sociology and cultural anthropology. It is inspired by two decades of fieldwork in the region and a deep knowledge of the region's academia and political environment.Praise for Central Peripheries 'Marlene Laruelle paves the way to the more focused and necessary outlook on Central Asia, a region that is not a periphery but a central space for emerging conceptual debates and complexities. Above all, the book is a product of Laruelle's trademark excellence in balancing empirical depth with vigorous theoretical advancements.' –Diana T. Kudaibergenova, University of Cambridge 'Using the concept of hybridity, Laruelle explores the multitude of historical, political and geopolitical factors that predetermine different ways of looking at nations and various configurations of nation-building in post-Soviet Central Asia. Those manifold contexts present a general picture of the transformation that the former southern periphery of the USSR has been going through in the past decades.' – Sergey Abashin, European University at St Petersburg
In: The political quarterly: PQ, Band 63, Heft Apr-Jun 92
ISSN: 0032-3179
Argues that Britain's nationhood has not been diminished by her membership of the EC, but by her decline as a manufacturing and economic power. Outlines the processes by which this has taken place, considers the relevance of the EC and the outlook for the future. (RSM)
In: University of Colorado Law Review, Band 87, Heft 4
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