The Forgotten Founding: Civics Education, the Common Law and LIberal Constitutionalism in Australia

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Title The Forgotten Founding: Civics Education, the Common Law and LIberal Constitutionalism in Australia
Author Patapan, Haig
Journal Name Griffith Law Review
Year Published 2005
Place of publication Nathan, Qld.
Publisher Griffith Law School
Abstract The Australian founding seems to be little understood and of little consequence for most Australians. To address this problem of the ‘forgotten founding', extensive civics education programs have been proposed and implemented. The paper argues that these civics programs need to engage an underlying cause of this problem: the tension between the two traditions — the common law and liberal constitutionalism — that have shaped Australia . In delineating the nature of this tension, the paper argues that a dominant common law tradition, which locates the ultimate constitutional authority in the common law and not the people, has depreciated the founding, divided scholarship into the legal and the political, and thereby constrained the study of Australian constitutionalism.
Peer Reviewed Yes
Published Yes
Publisher URI http://www.griffith.edu.au/criminology-law/griffith-law-review/previous-issues/volumes-12-19/volume-14-1-2005
Copyright Statement Copyright 2005 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 14
Issue Number 1
Page from 91
Page to 107
ISSN 1038-3441
Date Accessioned 2006-02-09
Date Available 2015-01-20T01:05:47Z
Language en_US
Research Centre Centre for Governance and Public Policy
Faculty Griffith Business School
Subject PRE2009-Australian Government and Politics
URI http://hdl.handle.net/10072/4577
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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