Download or read book Australian Medical Liability written by Bill Madden and published by . This book was released on 2013 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition provides a detailed and in depth commentary on the elements of medical liability caselaw and legislation.

Download or read book Law and Government in Australia written by Matthew Groves and published by . This book was released on 2005 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unrivalled collection of scholars contribute to a book to explore how law and government may affect each other. The authors are all leaders in their field and have joined to honour one of Australia's most distinguished legal scholars - Enid Campbell -who was recently awarded a Companion of the Order of Australia for her services to the law and legal scholarship. The contributors examine problems within their special field of expertise. The constitutional law experts and their topics include: George Winterton on the changing role of the Governor-General Leslie Zines who examines one of the unresolved issues of intergovernmental immunities HP Lee who explains the implications of the High Court's most recent decisions on the implied freedom of political communication Jeff Goldsworthy who considers the extent to which a government can bind its successor The administrative law experts and their topics include: Mark Aronson who asks whether the doctrine of nullity has a future in Australian law Bruce Dyer who explains how the High Court has refashioned the 'legitimate expectation' and what that means for the requirements of natural justice Dennis Pearce, a former Commonwealth Ombudsman, who examines the most important issues facing Ombudsmen today Sir Anthony Mason who asks whether estoppel has a place in Australian public law.The papers that cover other important legal issues relevant to government include: Matthew Groves who details how the declining role of ministerial responsibility affects the operation of judicial review Mike Taggart, New Zealand's most eminent legal scholar, who explains the history of legislation used by Attorneys-General to have the most difficult people declared vexatious Richard Garnett, who explains the choices faced by the Australian government in the future of conflict of laws Enid Campbell examines the writings of the legendary American scholar Lon Fuller. She asks whether some government decision-making is just not suited to review by the courts.

Download or read book Law and Democracy written by Glenn Patmore and published by ANU Press. This book was released on 2014-12-24 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Download or read book Financial Services Legislation written by Australian Law Reform Commission and published by . This book was released on 2023-06-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 2015-11-26 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

Download or read book Bills of Rights in Australia written by Andrew Byrnes and published by UNSW Press. This book was released on 2009 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australia is often cited as the only Western nation without a bill of rights. While this remains true at a national level, the states and territories have recently taken the running on developing local bills of rights. The ACT adopted a Human Rights Act in July 2004 and in 2006. Victoria enacted a Charter of Human Rights and Responsibilities in January 2007. Tasmania has now moved formally to consider similar legislation. And Western Australia, Queensland and New South Wales also seem likely to take this course. This book examines the significance and ramifications of these radical developments. It is the first to offer a comprehensive examination of this new form of legislation in Australia"--Provided by publisher.

Download or read book The Australian Constitution as it is Actually Written written by Graham L Paterson and published by Strategic Book Publishing & Rights Agency. This book was released on 2015-04-03 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The continued usage of the Australian Constitution Act (UK) by the Australian Governments and the judiciary is a confidence trick of monstrous proportions played upon the Australian people with the intent of maintaining power…. Authority over the Australian Constitution Act lies not with the Australian government, nor with the Australian people. It rests solely with the UK. Only they have the authority to repeal this legislation....” - The late Professor G. Clements, UK QC and emeritus Professor in Law at Cambridge University This book is the first of its type to be written in the last 114 years. Nobody has done so since Quick and Garran in 1901. The British Colony of Australia Act (1900) represents Australia's primary law. It is still used today as our Constitution. That Act controls all our lives. The British Government added the first eight parts of this Act and the ninth part is the draft Constitution. That draft was changed by the British Government before they would allow the Act to be presented to their Parliament. This amended Constitution was never presented to the “people” of Australia for their approval. The document is steeped in nineteenth century colonial thinking, and has never been brought up to date. It remains antiquated and bears very little relationship to the way we are governed. It is a myth that the referendums in 1899 and 1900 asked the “people” to approve the draft Constitution. The few selected “people” were asked if they wanted “union of the Colonies or disunion”. The acceptance of the original draft Constitution was taken for granted. The draft Constitution was never about democracy or Australian sovereignty. Another of the myths this book debunks is that the Constitution can only be changed by a referendum of the Australian people. The fifty colonial representatives; referred to as our “the founding fathers”, saw fit to include thirty nine provisions allowing Parliament to change the Constitution any time the ruling party wished. They have done this so many times in the last 114 years that no one has kept count. Read this book and find out why this primary law of the land is never taught in our schools, and how it controls your life.

Download or read book Studies in Australian Constitutional Law written by Andrew Inglis Clark and published by . This book was released on 1901 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Australian Senate Practice written by Australia. Parliament. Senate and published by . This book was released on 1973 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Cambridge Legal History of Australia written by Peter Cane and published by Cambridge University Press. This book was released on 2022-08-18 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from leading lawyers, historians and social scientists, this path-breaking volume explores encounters of laws, people, and places in Australia since 1788. Its chapters address three major themes: the development of Australian settler law in the shadow of the British Empire; the interaction between settler law and First Nations people; and the possibility of meaningful encounter between First laws and settler legal regimes in Australia. Several chapters explore the limited space provided by Australian settler law for respectful encounters, particularly in light of the High Court's particular concerns about the fragility of Australian sovereignty. Tracing the development of a uniquely Australian law and the various contexts that shaped it, this volume is concerned with the complexity, plurality, and ambiguity of Australia's legal history.

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 Understanding the Australian Legal System written by John Carvan and published by . This book was released on 2002 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise account of the language and structures of the Australian legal system for those who want a succinct yet thorough approach to this subject. Contents include: studying law, the law-making process, the legal system, precedent, the interpretation of statutes, contracts and commercial dealings and more.

Download or read book Essays on Law and Government written by Paul Desmond Finn and published by . This book was released on 1995 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutional Law in Australia 4th Edition Hardcover written by P. Hanks and published by . This book was released on 2017-10-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law in Australia explores major themes and issues relating to the structure and function of government in Australia, in both its institutional and federal aspects. Drawing on formal constitutional documents, legislation, judicial decisions, political practice and academic commentary, this text offers a guide to the legal aspects of government in Australia and a critical evaluation of the growth of constitutional rules and concepts. The work is a comprehensive, authoritative and critical account of the rules which structure and reflect the exercise of political power in Australia.This new edition of the classic Hanks text on constitutional law is completely updated and re-written, for students and practitioners. The authors have brought to this edition their extensive knowledge of, and experience in, constitutional law, from both the academic and the professional perspectives. The book reflects 15 years of very significant growth and change in Australian constitutional law. It explores legal issues relating to the structure and functioning of government in Australia, in both its institutional and federal aspects. It is a comprehensive and authoritative account of the rules that structure and limit the exercise of political power in Australia. This edition will prove an invaluable addition to the library of students, scholars and practitioners alike.All the major topics of constitutional law are covered, such as constitutional rights and freedoms, the principal heads of Commonwealth legislative power, the separation of the judicial power of the Commonwealth, the workings of Commonwealth, State and Territory parliaments and executive governments and the interaction between international law and constitutional law. The book covers the latest cases. Features· High-quality text from a well-respected author team· Gives the context of the subject in a clear writing style Related TitlesHarvey et al, LexisNexis Study Guide Constitutional Law, 2nd ed, 2016Omar, LexisNexis Questions & Answers Constitutional Law, 4th ed, 2015Price, LexisNexis Case Summaries Constitutional Law, 6th ed, 2016Siow, Constitutional Law at a Glance, 2015Trone, Quick Reference Card Constitutional Law, 2015

Download or read book Law making in Australia written by Alice Erh-Soon Tay and published by Edward Arnold (Australia). This book was released on 1980 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia. Law. Reform. Essays (ANB/PRECIS SIN 0395498)

Download or read book The Rule of Law and the Australian Constitution written by Lisa Burton Crawford and published by . This book was released on 2017-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: * The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.