Harry Evans: Selected Writings

Papers on Parliament No. 52
December 2009

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Bibliography: Articles by Harry Evans

Title

Published/Presented

First Commonwealth Conference of Delegated Legislation Committees

The Table, 1981

Law-making in Australia [book review]

The Table, 1981

Proposals for constitutional change in Australia

The Parliamentarian, July 1982

Australia and the ‘Westminster System’

The Table, 1982

Government by judges [book review]

The House Magazine, 12 October 1982

Professional staff and the powers of Parliament [book review]

The House Magazine, 9 November 1982

Questioning the tyranny: the British heritage in Australia’s system of government

Quadrant, April 1983

Parliamentary privilege and the press

Australasian Study of Parliament Group, 4th Special Workshop, May 1983

 

The House Magazine, 17 May 1983

The Australian Senate: taking the initiative

The Parliamentarian, July 1983

Committees abroad: Senate officer looks at UK, Canada

The House Magazine, 4 October 1983

Parliamentary control of delegated legislation: an Australian perspective

The Parliamentarian, October 1983

Interparliamentary committee contacts: backbenchers of the world unite?

Australasian Study of Parliament Group, 5th Special Workshop, Brisbane, May 1984

 

Legislative Studies, Winter 1984

‘Privilege’: what to remember and what to forget

Australasian Study of Parliament Group, Workshop on Parliamentary Privilege, Melbourne, August 1984

 

Legislative Studies, Autumn 1986

Party government versus constitutional government

Australian Quarterly, Spring 1984

Australian Senate: inquiries into the conduct of a judge

The Parliamentarian, July 1985

Australia: Senate select committees on a judge

The Table, 1985

Meetings of the Australian Senate after the dissolution of the lower house

The Table, 1985

Is Parliament House a sanctuary? [Comments on the report of the joint select committee of the NSW Parliament on parliamentary privilege]

The House Magazine, 16 October 1985

Parliamentary privilege: the reasons of Mr Justice Cantor—an analysis

Legislative Studies, Autumn 1986

Misleading cases [parliamentary privilege]

The House Magazine, 12 March 1986

Reforming Parliament: a flawed view [book review]

The House Magazine, 19 March 1986

The ‘Murphy affair’ produces conflict between Parliament and the courts

The Parliamentarian, April 1986

Parliament through understanding eyes [book review]

The House Magazine, 28 May 1986

Senate President acts on court judgments

The House Magazine, 19 June 1986

Judges in error [book review]

The House Magazine, 20 August 1986

The British Parliament dissected [book review]

The House Magazine, 27 August 1986

Parliamentary practice: amendment, amendments

The House Magazine, 26 November 1986

The ‘Murphy affair’ ends and the Senate President acts on freedom of speech

The Parliamentarian, January 1987

Privileges bill passes Senate

The House Magazine, 8 April 1987

Parliamentary privilege: reasons of Mr Justice Hunt—an analysis

Legislative Studies, Autumn 1987

Parliament and the judges: the removal of federal judges under section 72 of the Constitution

Legislative Studies, Spring 1987

US Constitution also celebrates bicentenary

The House Magazine, 23 September 1987

Disagreement with the courts over freedom of speech: an Australian parliamentary commission of inquiry

The Table, 1987

Time to remember the revolution of 1688

The House Magazine, 24 February 1988

Why Plato would hate the new Parliament House

The House Magazine, 4 May 1988

Freedom of speech under the bill of rights: recent developments in Australia

9th Conference of Commonwealth Speakers and Presiding Officers, London, July 1988

Legislating and prescribing for parliamentary privilege: problems and solutions

19th Conference of Presiding Officers and Clerks, Darwin, July 1988

Constitutionalism and Party Government in Australia

Australasian Study of Parliament Group, Occasional paper no. 1, August 1988

Parliamentary privilege: changes to the law at federal level

The University of New South Wales Law Journal, vol. 11, no. 2, 1988

Parliamentary privilege: legislation and resolutions in the Australian Parliament

The Table, 1988

The rotation of senators: republican remedies and the Australian Constitution

B. Galligan and J.R. Nethercote (eds), The Constitutional Commission and the 1988 Referendums. Canberra, Centre for Research on Federal Financial Relations and Royal Australian Institute of Public Administration (ACT Division), 1989

Keeping the Old Republic: a further appraisal of the new Parliament House

The House Magazine, 5 April 1989

Putting constitutionalism back in the Constitution

Policy (St Leonards, NSW), Autumn 1989

Refurbishing the legislative power

20th Conference of Presiding Officers and Clerks, Apia, June 1989

The role of parliamentary officers

The House Magazine, 7 June 1989

Parliament and the legislative power

The Table, 1989

Claims of parliamentary tradition can be a smokescreen

The House Magazine, 16 August 1989

Updating parliamentary privilege: more recent developments in Australia

10th Conference of Speakers and Presiding Officers of Commonwealth Parliaments, Harare, January 1990

Australia’s Commonwealth Parliament 1901–1988: ten perspectives [book review]

The Parliamentarian, January 1990

Parliament and the constitutional design

Australian Federal Democracy: Political Theory and Constitutional Design. Canberra, Australian National University, Centre for Research on Federal Financial Relations, 1990

The hidden wisdom of the West

Quadrant, May 1990

Parliamentary privileges committees: a rejoinder

Legislative Studies, Autumn 1990

Consideration of legislation by committees

21st Conference of Presiding Officers and Clerks, Perth, June 1990

 

The Table, 1990

Reference of bills to Senate committees

The House Magazine, 12 December 1990

Unbogging the parliamentary reform wagon

Legislative Studies, Summer 1991

A Parliament votes for war

The House Magazine, 13 February 1991

A modest proposal addressing the question of ‘too many elections’

The House Magazine, 15 May 1991

The need for new procedures for dealing with legislation

22nd Conference of Presiding Officers and Clerks, Honiara, June 1991

Parliamentary reform: new directions and possibilities for reform of parliamentary processes

Seminar Papers: Public Seminar on Parliamentarians, the Opposition and Scrutiny of Government. Brisbane, Electoral and Administrative Review Commission, 1991

 

Papers on Parliament, no. 14, February 1992

Rescission of order for publication of evidence

The Table, 1991

Information and parliamentary reform: a seminar conducted by the Electoral and Administrative Review Commission of Queensland

The House Magazine, 21 August 1991

Towards closer scrutiny of legislation: new procedures for examination of bills by Senate committees

Canberra Bulletin of Public Administration, October 1991

Galligan, Nethercote & Walsh The Cabinet and Budget Processes [book review]

Australian Journal of Political Science, November 1991

Philip Norton, Legislatures [book review]

Australian Journal of Political Science, November 1991

A note on the meaning of ‘republic’

Legislative Studies, Summer 1992

 

D.W. Lovell et al (eds), The Australian Political System. Melbourne, Longman, 1995

Referring bills to Senate committees: a rejoinder

Legislative Studies, Summer 1992

Rodney Brazier, Constitutional Practice [book review]

Political Theory Newsletter, April 1992

Parliamentary privilege and statutory secrecy provisions

23rd Conference of Presiding Officers and Clerks, Adelaide, June 1992

 

The Table, 1992

Citizens’ initiative versus constitutional government

Legislative Studies, Spring 1992

Parliament: an unreformable institution?

Papers on Parliament, no. 18, December 1992

Party government: the Australian disease and Australian cures

Australasian Study of Parliament Group, 14th Conference, Canberra, 1992

 

Legislative Studies, Autumn, 1993

 

D.W. Lovell et al (eds), The Australian Political System. Melbourne, Longman, 1995

Constitution, section 53, financial legislation and the houses of the Commonwealth Parliament: papers presented to the Senate and the House of Representatives

Papers on Parliament, no. 19, May 1993

Republicanism, continued: a brief rejoinder to Graham Maddox

Legislative Studies, Autumn, 1993

Republicanism and the Australian Constitution

The House Magazine, 5 May 1993

Parliamentary privilege

Australian Law Journal, June 1993

A. Lijphart, Parliamentary versus presidential government [book review]

Australian Journal of Political Science, July 1993

Interference with witnesses

24th Conference of Presiding Officers and Clerks, Port Vila, July 1993

The agenda of the true republicans

Introduction to G. Walker, S. Ratnapala and W. Kasper, Restoring the True Republic. St Leonards, NSW, Centre for Independent Studies, 1993

Parliamentary committees and the public interest

Legislative Studies, Spring 1993

Reforming the ancient constitution [book review]

The House Magazine, 15 September 1993

Keeping the Australian republic

Policy (St Leonards, NSW), Spring 1993

Interference with witnesses

The Table, 1993

Keeping the bastards honest

The Reporter, March 1994

Essentials of republican legislatures: distributed majorities and legislative control

Legislative Studies, Autumn 1994

Parliament’s performance as a legislature: parliamentary scrutiny of legislation

Administrative Law Conference, Canberra, May 1994

Issues arising in the Senate: Taxation Legislation; Constitutional issues; Equally divided votes; Members of other houses as witnesses; Orders for the production of documents

25th Conference of Presiding Officers and Clerks, Darwin, June 1994

Taxation legislation: equally divided votes

The Table, 1994

Blunt instruments: parliamentary methods of obtaining information

Colloquium on Government and Parliamentary Information, University of New South Wales, Sydney, July 1994

Parliamentary privilege: New Zealand’s retention of appeals to the Privy Council results in a judgement on an Australian Act of Parliament

The House Magazine, 24 August 1994

Essays on republicanism: small r republicanism

Papers on Parliament, no. 24, September 1994

Government and politics in 2098

The House Magazine, 7–14 December 1994

Can Parliament be reformed?

D.W. Lovell et al (eds), The Australian Political System. Melbourne, Longman, 1995

Reflections on the founders

The House Magazine, 1 March 1995

The problem with Parliament

CCF Newsletter, Winter 1995

Electing a President: the elite versus the public

The House Magazine, 5 July 1995

Recent changes to the Senate’s committee system

26th Conference of Presiding Officers and Clerks, Port Moresby, July 1995

Restructuring the Senate’s committee system

Canberra Bulletin of Public Administration, August 1995

Parliamentary committees and the executive government

Constitutional Law Reform, Attorney-General’s Department, 16 August 1995 (Published as ‘New accountability system emerging’, Directions in Government,September 1995)

Lessons from Livy

Quadrant, October 1995

Citizen initiated referendums: adjunct or antithesis of constitutional government?

6th Samuel Griffith Society Conference, Carlton, Vic., November 1995 (published in Upholding the Australian Constitution, Proceedings of the Samuel Griffith Society Conference, vol. 6, 1995)

1975 revisited: lost causes and lost remedies

ANU Conference on the Constitution and Australian Democracy, Canberra, November 1995

 

Quadrant, December 1995

 

M. Coper and G. Williams (eds), Power, Parliament and the People. Leichhardt, NSW, Federation Press, 1997

Power to prorogue a relic of imperial past

The Canberra Times, 1 February 1996

History revised

Quadrant, April 1996

Protection of persons who provide information to members

27th Conference of Presiding Officers and Clerks, Hobart, July 1996 (published as ‘Members’ informants: any protection?’ in The Table, 1997)

The Australian head of state: putting republicanism into the republic

Agenda, vol. 3, no. 2, 1996

 

Papers on Parliament, no. 28, November 1996

Origins of the elected Senate

The House Magazine, 11 December 1996

Federalism and the role of the Senate

Samuel Griffith Society Conference, Canberra, March 1997 (published in Upholding the Australian Constitution, Proceedings of the Samuel Griffith Society Conference, vol. 8, 1997)

 

The House Magazine, 19 March 1997

Federalism: an idea whose time has come?

Australian National Review, May 1997

Government and Parliament

G. Singleton (ed.), The Second Keating Government: Australian Commonwealth Administration 1993–1996. Belconnen, ACT, University of Canberra and Institute of Public Administration Australia, 1997

Making a nation

Introduction to K. Dermody, A Nation at Last: the Story of Federation. Canberra, Department of the Senate, 1997

 

Crossings, International Australian Studies Association, vol. 2, no. 2, 1998

Democracy and accountability: accountability to Parliament

Best Practice Government Symposium, Insight ’98, February 1998

Does the government have a Wik double dissolution trigger?

Current Affairs Bulletin, February/March 1998

The wrong-track republic

The Canberra Times, 2 March 1998

Strange death of an Australian republic

Australian Constitutional News, March/April 1998

Franca Arena and parliamentary privilege

Constitutional Law and Policy Review, May 1998

Bad King John and the Australian Constitution: commemorating the 700th anniversary of the 1297 issue of Magna Carta

Papers on Parliament,no. 31, June 1998

A non-republican republic: the convention’s compromise model

University of Queensland Law School, Symposium on an Australian Republic, June 1998

 

Australian National Review, December/January 1998

 

The University of New South Wales Law Journal, vol. 20, no. 2, 1999

 

Australian Constitutional News, February 1999

Amendment of complex bills and bicameral considerations

29th Conference of Presiding Officers and Clerks, Sydney, July 1998

Constitution, section 57: comments on article by George Williams

Constitutional Law and Policy Review, August 1998

The other metropolis: the Australian founders’ knowledge of America

The New Federalist, no. 2, December 1998

Reasonably necessary powers: parliamentary inquiries and Egan v Willis and Cahill

Constitutional Law and Policy Review, February 1999

Constitutional safeguards, bicameralism, small jurisdictions and Tasmania

Legislative Studies, Autumn 1999

Parliament and extra-parliamentary accountability institutions

Australian Journal of Public Administration,March 1999

The cost of the Commonwealth Parliament: amalgamations, values and comparisons

Australian Journal of Public Administration,March 1999

The Senate and parliamentary accountability

Canberra, Public Policy Program, Australian National University, 1999. Discussion paper no. 65.

Enough of executive arrogance?: Egan v Chadwick and others

Constitutional Law and Policy Review, May 1999

Draft legislation for republic referendum is deficient in detail

Australian National Review, June/July 1999

Senate

H. Irving (ed.), The Centenary Companion to Australian Federation. Cambridge, Cambridge University Press, 1999

The curse of the Westminster paradigm

The Canberra Times,16 September 1999

Accountability versus government control: the effect of proportional representation

Papers on Parliament, no. 34, December 1999

The Howard Government and the Parliament

G. Singleton (ed.), The Howard Government: Australian Commonwealth Administration 1996–1998. Sydney, UNSW Press, 2000

The life of a state: Australia’s longevity

The House Magazine, 10 May 2000

The senators, the Senate and Australia, 1901–1929

Introduction to A. Millar (ed.), The Biographical Dictionary of the Australian Senate, vol. 1, 1901–1929.Carlton, Vic., University of Melbourne Press, 2000

Australia’s first Senate and the senators, 1901–1929

The New Federalist, no. 5, June 2000

Enclosing politicians: the ambitious project [book review]

Constitutional Law and Policy Review, August 2000

The Australian Constitution and the 1911 myth

The House Magazine, 6 September 2000

 

H.D. Irving et al, Trusting the People: An Elected President for an Australian Republic. Cottesloe, WA, Design by Design Practitioners, 2001

Australia: the republic referendum

The Table, 2000

The 1911 myth embellished, by Gough

The House Magazine, 3–5 December 2000

Foreword

R.P. Broinowski, Witness to History: The Life And Times of Robert Broinowski.Carlton South, Vic., Melbourne University Press, 2001

The role of the Senate

Reform, Australian Law Reform Commission, no. 78, Autumn 2001

Why the Senate?

Federal Gallery, March 2001

An elected president for an Australian republic: problems and solutions

H.D. Irving et al, Trusting the People: An Elected President for an Australian Republic. Cottesloe, WA, Design by Design Practitioners, 2001

The Senate today

13th Samuel Griffith Society Conference, Melbourne (published in Upholding the Australian Constitution, Proceedings of the Samuel Griffith Society Conference, vol. 13, September 2001)

The Australian Senate: a question of design

The Parliamentarian,no. 3, 2001

Hobbes versus Madison and Isaacs versus Baker: contrary theories and practices in Australian democracy

The University of New South Wales Law Journal, vol. 24, no. 3, 2001

Bryce’s Bible: why did it impress the Australian founders?

The New Federalist, no. 8, December 2001

Public interest immunity claims in the Senate

Public Law Review, March 2002

Senate inquiries: who can be called?

The Canberra Times,Public Sector Informant, 2 April 2002

The Australian Parliament: time for reformation

National Press Club address, 24 April 2002 (Extract published as ‘When reform adds up to a rubber stamp’ in The Age, 25 April 2002)

The limits of parliamentary privilege: judicial confirmation

The Canberra Times, 7 May 2002

The pedigree of the practices: parliamentary manuals and Australian government

33rd Conference of Australian and Pacific Presiding Officers and Clerks, Brisbane, July 2002

Senate order for scrutinising government contracts

33rd Conference of Australian and Pacific Presiding Officers and Clerks, Brisbane, July 2002

The parliamentary power of inquiry: any limitations?

Australasian Study of Parliament Group, National Conference, Melbourne, October 2002

 

Australasian Parliamentary Review, Spring 2002

Scrutinising government contracts: a continuing order for documents

The Table, 2002

Fitzpatrick and Browne: imprisonment by a house of the Parliament

H.P. Lee and G. Winterton (eds), Australian Constitutional Landmarks. Cambridge, Cambridge University Press, 2003

When in Rome, can we do as the Americans do?

The Canberra Times, 21 October 2003

Consultation with a closed mind

The Courier-Mail, 28 November 2003

Why the Prime Minister’s proposals would dismantle the Constitution

16th Samuel Griffith Society Conference, Perth, (published in Upholding the Australian Constitution, Proceedings of the Samuel Griffith Society Conference, vol. 16, March 2004)

Australia’s senators in the dark age of the twentieth century, 1929–1962

Introduction to A. Millar (ed.), The Biographical Dictionary of the Australian Senate, vol. 2, 1929–1962. Carlton, Vic., University of Melbourne Press, 2004

Unusual measures to scrutinise government spending

The Parliamentarian, no. 2, 2004

Constitutional change, bicameral relations and executive monopoly

Australasian Study of Parliament Group National Conference, Perth, May 2004

Renewing the public sphere [book review]

The Canberra Times, 1 June 2004

The traditional, the quaint and the useful: pitfalls of reforming parliamentary procedures

35th Conference of Australian and Pacific Presiding Officers and Clerks, Melbourne, July 2004

Parliamentary privilege and party discipline

The Parliamentarian, no. 3, 2004

Law research and parliamentary activities: a major impact

Australian Law Librarian,Summer 2004

The future of the Senate committee system

Committee Bulletin, 1–15 November 2004

Mandate theory: a bundle of fallacies

Impact, Summer 2005

Beware the monarchical gargoyle in our Constitution

The Canberra Times, 25 February 2005

The Senate after 1 July: a revolution?

Committee for Economic Development of Australia briefing, 8 April 2005

Executive and Parliament

C. Aulich and R. Wettenhall (eds), Howard’s Second and Third Governments: Australian Commonwealth Administration 1998–2004. Sydney, UNSW Press, 2005

A day spent in the public gallery would shock the founding fathers

The Sydney Morning Herald, 21 June 2005

Abuse of majority too risky

The Australian,21 June 2005

Estimates hearings: the grand inquisition

The Table, 2005

Putting Parliament before the courts [book review]

The Canberra Times, 4 October 2005

The failure of the law and the superiority of politics: republicanism versus legal constitutionalism [book review]

Constitutional Law and Policy Review, November 2005

Parliamentary reform

New Matilda, 15 March 2006

Parliamentary privilege

Address to ACT Law Society, April 2006

Senate estimates hearings and the government majority in the Senate

Address to Australian Marketing Institute, National Press Club, Canberra, 11 April 2006

Corporate governance and a government Senate majority

Institute for International Research, 9th Annual Corporate Governance in the Public Sector Conference, Canberra, April 2006

The case for bicameralism

University of Queensland Law School/University of Sunshine Coast Conference, Improving Government Accountability in Queensland: the Upper House Solution?, Brisbane, April 2006

Lively, analytical history of the NSW Parliament [book review]

Constitutional Law and Policy Review, June 2006

Monarchical and parliamentary government in Australia

Insurance Council of Australia, Conference, Canberra, 10 August 2006

Best to stick with terms we’ve got

Australian Financial Review, 28 August 2006

Democracy: the wrong message

Democratic Audit of Australia, Discussion paper 24/06, August 2006

The government majority in the Senate: a nail in the coffin of responsible government?

Australasian Study of Parliament Group, Victorian Chapter, seminar in honour of David Hamer, former Deputy President of the Senate, 3 October 2006

Constitutionalism, bicameralism and the control of power

Australian National University Research School of Social Sciences and Australia–New Zealand School of Government seminar, 4 October 2006

Ethics and public service governance

CPA Australia, ACT Congress, Canberra, 16 November 2006 (Published as ‘The estimates test: a safeguard against illegality and impropriety’, The Canberra Times, Public Sector Informant, 5 December 2006)

The Senate

Chapter 10 of C. Hamilton and S. Maddison (eds), Silencing Dissent: How the Australian Government is Controlling Public Opinion and Stifling Debate. Crows Nest, NSW, Allen & Unwin, 2007

Parliamentary control of finance: bringing back the revolution

The Table, 2007

Brown’s reforms impact on Australia

The Canberra Times, 9 July 2007

The Senate, accountability and government control

Australian Research Council Project ‘Strengthening Parliamentary Institutions’, ANU Parliamentary Studies Centre, Canberra, November 2007

 

Papers on Parliament, no. 48, January 2008

Parliamentary privilege and search warrants: will the US Supreme Court legislate for Australia?

Papers on Parliament, no. 48, January 2008

Refurbishing parliamentary processes

Published as chapter entitled ‘Parliament’, in Robert Manne (ed.), Dear Mr Rudd: Ideas for a Better Australia. Melbourne, Black Inc. Agenda, 2008

Accountability and corporate governance in the new Parliament

Institute for International Research, 11th Annual Corporate Governance in the Public Sector Conference, Melbourne, March 2008

The case for bicameralism

N. Aroney, S. Prasser and J.R. Nethercote (eds), Restraining Elective Dictatorship: The Upper House Solution? Crawley, WA, University of Western Australia Press, 2008 (also published as ‘Constitutionalism, bicameralism and the control of power’ in Papers on Parliament, no. 50, March 2009)

Legislative power and executive privilege in the courts

Papers on Parliament, no. 49, August 2008

Masters rule over ‘corrupt system’

The Canberra Times, 3 October 2008

The intertwined history of Canberra and the Parliament

Canberra Day Oration, Canberra and District Historical Society, Canberra, March 2009

The Senate’s power to obtain evidence

Papers on Parliament, no. 50, March 2009

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