Australian Constitutional Law And Theory

Author: Anthony Blackshield
Editor:
ISBN: 9781862875852
Size: 16,84 MB
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The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.

Blackshield And Williams Australian Constitutional Law And Theory

Author: Anthony Blackshield
Editor:
ISBN: 9781862879188
Size: 19,72 MB
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In its sixth edition, Australian Constitutional Law and Theory: Commentary and Materials has undergone a major rewrite. Every chapter has been reviewed and revised, with fresh choices made for cases and extracts to ensure that the book reflects the contemporary approach of the High Court and recent Australian and international scholarship. Particular attention has been paid to improving the accessibility of the book. Commentary has been rewritten to provide clearer explanation of concepts and case outcomes, and paragraph numbering has been introduced throughout the book to allow for the ready identification of specific points.Major cases added since the last edition include: Williams v Commonwealth (School Chaplains Case), Momcilovic v The Queen, Kirk v Industrial Court of New South Wales, Cadia Holdings Pty Ltd v New South Wales, New South Wales v Kable, Haskins v Commonwealth, Plaintiff M47-2012 v Director-General of Security, Assistant Commissioner Condon v Pompano Pty Ltd, South Australia v Totani, Wainohu v New South Wales, Roy Morgan Research Pty Ltd v Commissioner of Taxation, R v LK, Betfair Pty Ltd v Racing New South Wales, Sportsbet v New South Wales, JT International SA v Commonwealth, Hogan v Hinch, Wotton v Queensland, Monis v The Queen and Fortescue Metals Group Ltd v Commonwealth. As this list indicates, the sixth edition has been brought up to date for every significant legal development in the field.Other changes in this new edition include:Major revisions to the first chapters of the book to provide a more accessible introduction to the subject.The introduction of many new extracts from contemporary Australian and international scholarship, including material written by current members of the High Court on topics such as constitutional interpretation and proportionality.The complete revision of the chapter on constitutional change, including through the introduction of a new section on the forthcoming referendum on Aboriginal recognition in the Constitution.The development of a new chapter on human rights, which includes new material on subjects such as the principle of legality and the new regime for parliamentary scrutiny on human rights grounds of federal legislation.Major new additions on the separation of judicial power relating to matters such as challenges to State anti-bikie laws and the introduction of new limits on State legislative power to limit judicial review.A change in focus to hone in on contemporary debates by way of the addition of many extracts and the development of commentary in chapters such as those on constitutional interpretation, federalismThe rewriting of the chapters on the implied freedom of political communication to pare back the pre-Lange material in favour of the clearer development of the law after that decision in light of recent cases decided by the High Court.Also available is the Abridged edition, click here for details.

Australian Constitutional Law

Author: Luke Beck
Editor: Cambridge University Press
ISBN: 1108701035
Size: 13,17 MB
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A highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics and is invaluable for students engaging with Australian constitutional law.

Australian Constitutional Law

Author: Suri Ratnapala
Editor:
ISBN: 9780195516579
Size: 17,43 MB
Format: PDF, ePub, Mobi
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Australian Constitutional Law: Commentary and Cases provides a concise and logical breakdown of well chosen and carefully edited extracts from key constitutional cases and statutes. This facilitates a clear understanding of Australian constitutional law. Strong author commentary The commentary binds the primary and secondary material together and helps students to navigate the book and tackle the complex issues, rules, principles, core concepts and theory of the Australian constitutional system. Coherent structure The authors have meticulously planned the organisation of this book. It provides a clear structure and excellent coverage of the material students need to know. The text is designed as a key stand-alone casebook as well as a companion to Ratnapala, Australian Constitutional Law: Foundations and Theory, Second Edition.

The Oxford Handbook Of The Australian Constitution

Author: Cheryl Saunders
Editor: Oxford University Press
ISBN: 0198738439
Size: 20,72 MB
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Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

Australian Constitutional Values

Author: Rosalind Dixon
Editor: Bloomsbury Publishing
ISBN: 1509918426
Size: 11,72 MB
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Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

The High Court The Constitution And Australian Politics

Author: Rosalind Dixon
Editor: Cambridge University Press
ISBN: 1107043662
Size: 10,13 MB
Format: PDF
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This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.

Globalisation And The Rule Of Law

Author: Spencer Zifcak
Editor: Routledge
ISBN: 1134339461
Size: 15,78 MB
Format: PDF, ePub
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Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.

Australian Constitutional Landmarks

Author: H. P. Lee
Editor: Cambridge University Press
ISBN: 9781139450355
Size: 20,90 MB
Format: PDF, Docs
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Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.

Interpreting Statutes

Author: Suzanne Corcoran
Editor: Federation Press
ISBN: 9781862875562
Size: 14,49 MB
Format: PDF, Mobi
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Interpreting Statutes was cited 4 times by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Interpreting Statutes has been written for lawyers and judges who must interpret statutes on a daily basis, as well as for students and scholars who have their own responsibility for the future. This book takes a new approach to statutory interpretation. The authors consider the fundamental importance of context in statutory interpretation across various fields of regulation and explore the problems, which arise from the frequent disjunction between regulatory design and subsequent statutory interpretation. As a result, they bring to the fore fundamental theoretical questions underlying interpretive choice and expand our appreciation of how critical interpretive issues are to the proper functioning of our legal system. The book is divided into two parts. The first covers several areas dealing with fundamental theoretical issues. The second deals with particular areas of the law, such as criminal law or corporate law, addressing the utility and functionality of the general theories from different legal perspectives and illustrating the fact that different interpretive principles may take precedence in different areas of the law. It reveals the complexity of statutory interpretation when applied to actual practice in a particular area of law. Despite this complexity and the unique problems of statutory interpretation within each area of law, some major themes emerge including: the strong influence of constitutional interpretation; tension between common law rights and statutory innovation; questions about the interaction of domestic law with international law; tension between settled judicial principles of interpretation and principles embedded in legislation; issues concerning the interpretation of delegated legislation; and questions about gap filling and discretion in the interpretation of statutes and codes.