Nicholas Aroney
Biographic Data
| ID | 2526178 |
|---|---|
| NAME | Nicholas Aroney |
| GIVEN NAMES | Nicholas |
| FAMILY NAME | Aroney |
| SIGNATURE | ARONEY N |
| AFFILIATIONS | The University of Queensland |
| ORCID | 0000-0001-8324-9909 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 4 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2000 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
In Two Natures, Without Confusion, Without Change, Without Division, Without Separation
Throughout human history it has been commonplace for kings and emperors to adopt the titles and trappings of divinity to bolster their authority, claiming to be mediators between heaven and earth. But once the emperors of Rome became Christian, the question was whether they would continue to do so. The church confessed that Jesus Christ is the ‘one mediator between God and men’ and understood that Christ's divine and human natures were essential …
Freedom of Association in Australia
Freedom of association in Australia is legally protected and regulated in Australia principally by the common law and by statute, and only in an elliptical way by the constitution. In practice, Australians enjoy high levels of associative freedom due to cultural norms and historical traditions that undergird respect for freedom of association in social, economic and political life. This article outlines how Australian common law affirms the right…
The prime and fountain-power”
Many scholars claim that Abbé Sieyès (1748–1836) was the first to deploy the concept of a pouvoir constituant (constituent power) as the power that establishes a constitutional order under which the ordinary powers of government are conferred. Others find the substance of the theory to have been articulated by earlier figures such as Jean-Jacques Rousseau, whilst conceding that the terminology of pouvoir constituant was not used until Sieyès. Wha…
A theory of plural constituent power for federal systems
Federations present difficulties for prevailing theories of constituent power, which usually attribute ultimate constitution-making authority to a singular people. This article examines how a ‘pluralized’ constituent power functions in federal systems. It argues that the operation of plural constituent power in federations reflects a distinctive model of constitutional formation according to which a ‘polity of polities’ is established and sustain…
Courts in Federal Countries
The Rule of Law, Religious Authority, and Oaths of Office
The rule of law requires political office holders to exercise their powers in accordance with the law. Most societies, however, rely not only on the moral obligation to obey the law but also require office holders to take a religious oath or solemn affirmation. The divine witness to the oath of office stands in as a guarantor of the political order but also looms above it. As such, the oath represents a paradox. It guarantees the performance of o…
R (Miller) v Secretary of State for Exiting the European Union
The Miller case concerned the constitutional requirements for the UK to give notice of its intention to withdraw from the EU pursuant to Article 50 of the Treaty on European Union. The parties made submissions in terms of two competing syllogisms. The Government argued that ministers, exercising Crown prerogative, had the power to give notice without statutory authorisation. The Applicants argued that the process required authorisation by Act of …
Endemic revolution
The succession of military coups and constitutional revolutions in recent Fijian history poses numerous problems, both urgent practical ones and complex theoretical ones. One set of theoretical questions concerns the issue of legal continuity and discontinuity within a particular society or legal system. Another set of such questions concerns the relationship between formal legal systems and the customs and social conventions of non-western socie…
Divine Law, Religious Ethics, Secular Reason
Jonathan Burnside’s book, God, Justice, and Society, presents a confronting thesis. For not only is his argument grounded in religious belief rather than secular philosophy, but it is concerned with biblical law, expressed in and through the many and varied genres of the Hebrew and Christian scriptures. Burnside’s thesis is thus doubly provocative in our secular times. It unashamedly appeals to the revealed texts of the Jewish and Christian relig…
The Influence of German State-Theory on the Design of the Australian Constitution
This article draws attention to an important but neglected story about the dissemination of German and Swiss state-theories among English-speaking scholars in the second half of the 19 th century and the influence of these ideas on those who designed and drafted the Australian Constitution. In particular, the article focuses upon the theories of federalism developed by the Swiss-born scholar, Johann Caspar Bluntschli, and the Saxon-born Georg Jel…
Real Constitutional Reform After Fitzgerald
The Fitzgerald Inquiry, although initially focused upon matters such as maladministration and corruption, placed significant emphasis on the reform of Queensland’s political and public administration system as a whole. It is therefore in relation to its practical impact within the context of that system that the Fitzgerald Report ought to be assesses. However, despite widespread support for the report’s recommendations, recent events in Queenslan…
Formation, Representation and Amendment in Federal Constitutions
This article presents a theory of federal constitutionalism based on a comparative analysis of the American, Swiss, Canadian and Australian constitutions. The article focuses on what are argued to be five key dimensions of federal constitutionalism: namely, formation, representation, configuration of power, execution of federal law and amendment. It is argued that there is a systematic relationship between the formative processes by which federal…
A Commonwealth of Commonwealths’
This article utilizes the Australian experience of federation, 1890-1901, as a vehicle for the discussion of the leading conceptions of federalism extant in the late nineteenth-century English-speaking world. In particular, the article examines the federal theories of James Madison, James Bryce, Edward Freeman, Albert Dicey and John Burgess in the context of many others, and seeks to show that the idea of a 'Commonwealth of commonwealths', althou…
Mueller on European Federation
Divine Law, Religious Ethics, Secular Reason
Jonathan Burnside’s book, God, Justice, and Society, presents a confronting thesis. For not only is his argument grounded in religious belief rather than secular philosophy, but it is concerned with biblical law, expressed in and through the many and varied genres of the Hebrew and Christian scriptures. Burnside’s thesis is thus doubly provocative in our secular times. It unashamedly appeals to the revealed texts of the Jewish and Christian relig…
Formation, Representation and Amendment in Federal Constitutions
This article presents a theory of federal constitutionalism based on a comparative analysis of the American, Swiss, Canadian and Australian constitutions. The article focuses on what are argued to be five key dimensions of federal constitutionalism: namely, formation, representation, configuration of power, execution of federal law and amendment. It is argued that there is a systematic relationship between the formative processes by which federal…
A Commonwealth of Commonwealths’
This article utilizes the Australian experience of federation, 1890-1901, as a vehicle for the discussion of the leading conceptions of federalism extant in the late nineteenth-century English-speaking world. In particular, the article examines the federal theories of James Madison, James Bryce, Edward Freeman, Albert Dicey and John Burgess in the context of many others, and seeks to show that the idea of a 'Commonwealth of commonwealths', althou…
Mueller on European Federation
Mueller on European Federation
A Commonwealth of Commonwealths’
This article utilizes the Australian experience of federation, 1890-1901, as a vehicle for the discussion of the leading conceptions of federalism extant in the late nineteenth-century English-speaking world. In particular, the article examines the federal theories of James Madison, James Bryce, Edward Freeman, Albert Dicey and John Burgess in the context of many others, and seeks to show that the idea of a 'Commonwealth of commonwealths', althou…
Formation, Representation and Amendment in Federal Constitutions
This article presents a theory of federal constitutionalism based on a comparative analysis of the American, Swiss, Canadian and Australian constitutions. The article focuses on what are argued to be five key dimensions of federal constitutionalism: namely, formation, representation, configuration of power, execution of federal law and amendment. It is argued that there is a systematic relationship between the formative processes by which federal…
Real Constitutional Reform After Fitzgerald
The Fitzgerald Inquiry, although initially focused upon matters such as maladministration and corruption, placed significant emphasis on the reform of Queensland’s political and public administration system as a whole. It is therefore in relation to its practical impact within the context of that system that the Fitzgerald Report ought to be assesses. However, despite widespread support for the report’s recommendations, recent events in Queenslan…
The Influence of German State-Theory on the Design of the Australian Constitution
This article draws attention to an important but neglected story about the dissemination of German and Swiss state-theories among English-speaking scholars in the second half of the 19 th century and the influence of these ideas on those who designed and drafted the Australian Constitution. In particular, the article focuses upon the theories of federalism developed by the Swiss-born scholar, Johann Caspar Bluntschli, and the Saxon-born Georg Jel…
Endemic revolution
The succession of military coups and constitutional revolutions in recent Fijian history poses numerous problems, both urgent practical ones and complex theoretical ones. One set of theoretical questions concerns the issue of legal continuity and discontinuity within a particular society or legal system. Another set of such questions concerns the relationship between formal legal systems and the customs and social conventions of non-western socie…
Divine Law, Religious Ethics, Secular Reason
Jonathan Burnside’s book, God, Justice, and Society, presents a confronting thesis. For not only is his argument grounded in religious belief rather than secular philosophy, but it is concerned with biblical law, expressed in and through the many and varied genres of the Hebrew and Christian scriptures. Burnside’s thesis is thus doubly provocative in our secular times. It unashamedly appeals to the revealed texts of the Jewish and Christian relig…
R (Miller) v Secretary of State for Exiting the European Union
The Miller case concerned the constitutional requirements for the UK to give notice of its intention to withdraw from the EU pursuant to Article 50 of the Treaty on European Union. The parties made submissions in terms of two competing syllogisms. The Government argued that ministers, exercising Crown prerogative, had the power to give notice without statutory authorisation. The Applicants argued that the process required authorisation by Act of …
Courts in Federal Countries
The Rule of Law, Religious Authority, and Oaths of Office
The rule of law requires political office holders to exercise their powers in accordance with the law. Most societies, however, rely not only on the moral obligation to obey the law but also require office holders to take a religious oath or solemn affirmation. The divine witness to the oath of office stands in as a guarantor of the political order but also looms above it. As such, the oath represents a paradox. It guarantees the performance of o…
A theory of plural constituent power for federal systems
Federations present difficulties for prevailing theories of constituent power, which usually attribute ultimate constitution-making authority to a singular people. This article examines how a ‘pluralized’ constituent power functions in federal systems. It argues that the operation of plural constituent power in federations reflects a distinctive model of constitutional formation according to which a ‘polity of polities’ is established and sustain…
Freedom of Association in Australia
Freedom of association in Australia is legally protected and regulated in Australia principally by the common law and by statute, and only in an elliptical way by the constitution. In practice, Australians enjoy high levels of associative freedom due to cultural norms and historical traditions that undergird respect for freedom of association in social, economic and political life. This article outlines how Australian common law affirms the right…
The prime and fountain-power”
Many scholars claim that Abbé Sieyès (1748–1836) was the first to deploy the concept of a pouvoir constituant (constituent power) as the power that establishes a constitutional order under which the ordinary powers of government are conferred. Others find the substance of the theory to have been articulated by earlier figures such as Jean-Jacques Rousseau, whilst conceding that the terminology of pouvoir constituant was not used until Sieyès. Wha…
In Two Natures, Without Confusion, Without Change, Without Division, Without Separation
Throughout human history it has been commonplace for kings and emperors to adopt the titles and trappings of divinity to bolster their authority, claiming to be mediators between heaven and earth. But once the emperors of Rome became Christian, the question was whether they would continue to do so. The church confessed that Jesus Christ is the ‘one mediator between God and men’ and understood that Christ's divine and human natures were essential …
Political science (14 works) · Law (13 works) · Politics (10 works) · Sociology (10 works) · Law (9 works) · American Constitutional Law and Politics (6 works) · Law and economics (6 works) · Philosophy (6 works) · Constitution (5 works) · Federalism (5 works)