Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text-with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming-an Emperor with no clothes.

About the Author

Ian Killey is sessional lecturer and tutor at Australian Catholic University and an experienced senior lawyer who has worked in the public sector for over 30 years.

Reviews

Australian federation has certainly been a study in unintended consequences. Elaborate constitutional provisions have proved, in some cases surprisingly quickly, to be pointless or redundant, while judicial interpretation, among other factors, has rendered the federal division of powers almost a dead letter-whereas the Judiciary has lavished care and attention on doctrines of its own creation which find, at best, obscure support in the text of the document. Ian Killey's book contains a thorough-going critique of the course of developments-although it can be safely said that his views will not command universal agreement-alongside several useful suggestions for improvement.

-- Greg Taylor, University of Adelaide



Book Information
ISBN 9781666908862
Author Ian Killey
Format Hardback
Page Count 246
Imprint Lexington Books/Fortress Academic
Publisher Lexington Books
Weight(grams) 494g
Dimensions(mm) 229mm * 159mm * 21mm