McCawley and Trethowan - The Chaos of Politics and the Integrity of Law - Volume 2: Trethowan

Ian Loveland's book explores the Trethowan litigation, which began in New South Wales in 1930 and reached the Privy Council two years later. It examines the immediate political and legal routes of the entrenchment device fashioned by Sir Thomas Bavin and Sir John Peden and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court, and finally in the Privy Council in the multiple contexts of the personal and policy-based disputes which pervaded both the State and national political arenas.

\n Format: Hardback
\n Length: 216 pages
\n Publication date: 29 July 2021
\n Publisher: Bloomsbury Publishing PLC
\n

In the second part of this two-volume study,Ian Loveland delves deeply into the immediate historical and political context of the Trethowan litigation, which began in New South Wales in 1930 and reached the Privy Council two years later. The litigation centred on the efforts of a conservatively-inclined government to prevent a future Labour administration led by the then radical politician Jack Lang from abolishing the upper house of the States legislature by entrenching its existence through the legal device of requiring that its abolition be approved by a state-wide referendum. The book carefully examines the immediate political and legal routes of the entrenchment device fashioned by the States Premier Sir Thomas Bavin and his former law student, colleague, and then Dean of the Sydney University law school Sir John Peden, and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court, and finally in the Privy Council in the multiple contexts of the personal and policy-based disputes that pervaded both the State and national political arenas. In its final chapter, the book draws on insights provided by the detailed study of McCawley (in volume one) and Trethowan to revisit and re-evaluate the respective positions adopted by William Wade and Ivor Jennings as to the capacity of the United Kingdoms Parliament to introduce entrenching legislation that would be upheld by the courts.

\n Weight: 484g\n
Dimension: 163 x 240 x 20 (mm)\n
ISBN-13: 9781509948277\n \n