Download or read book Future Directions in Australian Constitutional Law written by Geoffrey Lindell and published by . This book was released on 1994 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the address by Sir Anthony Mason AC KBE:'The authors of the essays are leading commentators. ... They range over an array of topics. The intrinsic importance of the essays is that they deal with questions of legislative power. ... The subjects dealt with include proportionality ... and implication.'

Download or read book New Directions for Law in Australia written by Ron Levy and published by ANU Press. This book was released on 2017-09-22 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Download or read book The Constitution of the Commonwealth of Australia written by Nicholas Aroney and published by Cambridge University Press. This book was released on 2015-09-11 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.

Download or read book Federal Constitutional Law written by Melissa Castan and published by . This book was released on 2001 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the essential topics in federal constitutional law. The law is analysed in an accessible and thorough manner so as to appeal to scholars, students and practitioners requiring a clear analysis of Federal Constitutional Law. Commentary on current effects and the future directions of the law enliven the text.

Download or read book Reflections on the Australian Constitution written by Robert French and published by . This book was released on 2003 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia's pre-eminent constitutional together in this volume to practitioners and scholars come together in directions for the this volume to reflect on 100 years of the Australian constitution and future directions.

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Download or read book Future Directions in Australian Law written by Sir Anthony Mason and published by . This book was released on 1987 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Constitutional Law written by Sarah Louise Joseph and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This fifth edition of [this book book examines] contemporary perspectives, the latest developments and likely future directions of constitutional law, and supplement essential primary materials with their narrative-style commentary, in a comprehensive, well organised and reader focussed presentation. Features of this edition include: accessible, reader-friendly commentary and layout; straightforward explanations and analysis; developments in disqualification from Parliament, executive power including powers to detain, separation of judicial power, inconsistency, the federal power to spend, implied freedom of political speech, the right to vote, proportionality, and Indigenous issues; and extracts and analysis of the latest cases, including McCloy v NSW (2015), Murphy v Electoral Commissioner (2016), Brown v Tasmania (2017), Tajjour v NSW (2014), Kuczborski v Queensland (2014), Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015), Duncan v Independent Commission Against Corruption (2015), North Australian Aboriginal Justice Agency Limited v Northern Territory (2015), Burns v Corbett (2018), Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016), Day v Australian Electoral Officer for the State of South Australia (2016), A-G (NT) v Emmerson (2014), Re Day [No 2] (2017), Alqudsi v The Queen (2016), Cunningham v Commonwealth of Australia (2016), Re Culleton (2017), Re Canavan (2017). Re Gallagher (2018), Palmer v Ayres (2017), Knight v Victoria (2017), Plaintiff S195/2016 v Minister for Immigration and Border Protection (2017), Wilkie v Commonwealth (2017), and Williams v Commonwealth (no 2) (2014)."--

Download or read book The Foundations of Australian Public Law written by Anthony J. Connolly and published by Cambridge University Press. This book was released on 2017-05-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : what is Australian public law? -- Constitution I : the history of the Australian state -- Constitution II : the structure of the Australian state -- Legitimation : justifying state power -- Legislation : making valid law -- Administration : governing lawfully -- Adjudication : determining and applying law -- Validation : reviewing state action -- Protection : human rights and Australian public law -- Direction : future trends in Australian public law.

Download or read book Conventions the Australian Constitution and the Future written by L. J. Mark Cooray and published by Littleton, Col. : Rothman. This book was released on 1979 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Australian Constitutional Law written by Luke Beck and published by Cambridge University Press. This book was released on 2019-10-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Constitutional Law: Concepts and Cases is 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. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book's explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.

Download or read book Proportionality and Facts in Constitutional Adjudication written by Anne Carter and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Download or read book The Future of Australian Federalism written by Gordon Greenwood and published by St. Lucia, Q. : University of Queensland Press. This book was released on 1976 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018-03-01 with total page 1198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Blackshield and Williams Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2010 with total page 1482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarshy;ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.Also available is the new Abridged edition, click here for details.Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth.As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.Significant changes in this new edition include:A rewritten first chapter to provide a more accessible introduction to the subjectA rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and materialThe separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous PeoplesChanges to reflect legislative amendment in areas like citizenship lawRewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009New material on the defence power as it relates to terrorism and national securityNew material on the executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities

Download or read book Judicial Independence in Australia written by Rebecca Ananian-Welsh and published by . This book was released on 2016 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial independence is a fundamental aspect of law and governance in Australia, commanding near universal endorsement. Despite its vital importance, the independence of the Australian judiciary is threatened on a variety of fronts. This volume brings together some of Australia's leading constitutional scholars to discuss judicial independence and its contemporary challenges, including challenges posed by politics, judicial selection, extra-judicial activities, social media and the war on terror. Contributions include theoretical, empirical and comparative perspectives. The book includes an initial essay by former Chief Justice of the High Court of Australia, Sir Anthony Mason AC KBE CBE QC. The volume provides a valuable guide to future directions in law and governance, with an eye to strengthening judicial independence in Australia.

Download or read book Courts of Final Jurisdiction written by Cheryl Saunders and published by Federation Press. This book was released on 1996 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mason Court ushered in a new age of Australian jurisprudence. Adopting a more explicit style of judicial reasoning, it drew its precedents from a wider range of jurisdictions and presided over new directions in Australian law in areas ranging from contract to constitutional and equity to native title. Why did this happen and where will it lead? Why are courts overseas feeling similar pressures and how are they reacting? The papers in this book, conceived as a tribute to Sir Anthony Mason, debate the role of courts of final jurisdiction and of their chief justices at the end of the 20th century.