Download or read book Public Law and Statutory Interpretation written by Lisa Burton Crawford and published by . This book was released on 2018-01-31 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first of its kind to provide a clearly written and comprehensive overview of public law principles, together with the principles and process of statutory interpretation. The former inform the fundamental nature of the Australian legal system; the latter is vital knowledge in a legal system in which statute law is so pervasive. This approach is consistent with the contemporary case law of the Australian High Court, emphasising that the principles of statutory interpretation reflect the constitutional relationship between the legislative, executive and judicial branches of government.More particularly, the book provides:an overview of the origins and key stages in the development of the Australian legal system;an explanation of the concepts and ideals that form the foundation of Australian public law;an introduction to the institutions, structures and powers of, and relationships between, the three branches of the Australian government; andan explanation of how, in light of key public law principles, legislation is interpreted by Australia's courts.This book will be useful to scholars and practitioners seeking to understand the foundational principles of Australian public law, or statutory interpretation. The four authors, all experienced researchers and teachers in public law, designed it to be a complete resource for introductory public law units, before students move on to more advanced subjects such as Constitutional and Administrative Law.The book adopts an engaging and approachable style with expository and analytical text, combined with carefully edited extracts of key cases and straightforward commentary on both foundational and advanced issues. It also includes:several in-depth case studies, which provide an opportunity to engage with pressing public law issues in a practical context;discussion questions, reflective exercises and other activities, to demonstrate the contemporary significance of the issues explored in the text.

Download or read book Principles of Australian Public Law written by David J. Clark and published by Butterworth-Heinemann. This book was released on 2010-01-01 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of PRINCIPLES OF AUSTRALIAN PUBLIC LAW focuses on State constitutional law, and deals with the relevant parts of public international law that affect the municipal or domestic public law in Australia. The book adds a new chapter on Aboriginals and public law, with a special emphasis on the public law aspects of the Mabo Case. New material also appears on international law as part of our public law and diplomatic immunities and privileges, as well as a new section on the judicial power of the Commonwealth.

Download or read book Australian Public Law written by Gabrielle Appleby and published by . This book was released on 2018-10-22 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Public Law provides a foundation for understanding the ideas and principles that underpin Australian public law and develops a concept of public law through analysis of the mechanisms of power and control.Now in its third edition, this text provides a theoretical framework for investigating and interpreting the Australian Constitution while introducing the core concepts that are required for the study of constitutional and administrative law. New to this EditionNew chapter on 'Public Law and Statutory Interpretation'Explanation and analysis of new developments, including: The developments in constitutional recognition of Aboriginal and Torres Strait Islander peoples, including the 2016−2017 Regional Dialogues and First Nations Constitutional Convention leading to the creation of the Uluru Statement from the HeartThe failed attempt at federalism reform under the 2014 White Paper processPlebiscites with a focus on the 2017 same-sex marriage plebisciteThe High Court decisions on section 44 of the Constitution regarding the eligibility of parliamentarians (including the dual-citizenship cases)Recent developments in the High Court's implied freedom of political communication and freedom of association casesThe High Court's recent decisions regarding Chapter III of the Constitution Key FeaturesComprehensive coverage of the foundational principles of public lawClear discussion and analysis of the Parliament and democratic process, the executive, the tribunal system and the judiciaryExamples and case studies that demonstrate real-life applications of public lawThorough and clear explanations of complex principlesWritten in an engaging and accessible style

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 2017-05-25 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning. Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia's federal, state and territory jurisdictions.

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 Australian Public Law written by Gabrielle Appleby and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.

Download or read book Introduction to Australian Public Law written by David Clark and published by . This book was released on 2013 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an account of contemporary Australian Public Law for students in Australian Law Schools. David Clark, Flinders University.

Download or read book Public International Law written by Sam Blay and published by Oxford University Press, USA. This book was released on 1997 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tertiary level text outlining the principles of international law from an Australian perspective. Provides many examples of Australian practice and policy in international law and emphasises legal aspects of Australia's place in the modern world. Topics covered include the structure of the international legal system and the sources of international law, the law of treaties, jurisdiction, the use of force, human rights and international environmental law. Includes a table of cases, questions, suggestions for further reading, a bibliography and an index. Also available in paperback. Blay is professor of law at the University of Technology, Sydney. Piotrowicz is Dean of the Faculty of Law at the University of Tasmania and Tsamenyi is professor of law at the University of Wollongong.

Download or read book Public Law in Australia written by Anthony Roland Blackshield and published by . This book was released on 2010 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blackshield & Williams' Australian Constitutional Law and Theory and Douglas & Jones' Administrative Law are leading textbooks in their respective fields, the one now in its 5th edition, the other in its 6th. They are widely used in Australian law schools, most of which have separate courses in each subject. Some, however, teach a course in public law which straddles both courses; one of these is the Law School at Sydney University. This book takes sections from each book to make a text on Public Law in Australia. The sections included have been selected by those teaching the course at Sydney Law School and the book will be used as the course text in that Law School.

Download or read book The Principle of Legality in Australia and New Zealand written by Matthew Groves and published by . This book was released on 2017-03-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that unless Parliament makes unmistakably clear its intention to curtail or abrogate a common law right, freedom or principle, the courts will not construe a statute as having that operation. As Lord Hoffmann famously observed, this "means that Parliament must squarely confront what it is doing and accept the political cost".The principle of legality is now central to the operation of Australian and New Zealand public law. Yet its content, methodology and scope remain elusive and has never been examined in detail. This book fills that gap by drawing together leading judges, practitioners and scholars to explore a range of interesting issues and challenges for the application of the principle of legality and its future trajectory: How does the principle operate? Which rights and freedoms fall within its scope and why? What is its relationship to the (so-called) common law bill of rights? Has proportionality a role to play in its application? How, if at all, does it differ from the presumption with international law? And in the construction of statutes does the principle serve to fulfil or frustrate the will of Parliament?

Download or read book The Frontiers of Public Law written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

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'.

Download or read book Judicial Federalism in Australia written by Gabrielle Appleby and published by . This book was released on 2021-05-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law in Australian Society written by Keiran Hardy and published by Routledge. This book was released on 2020-07-16 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is 'the rule of law'? How do laws get made? Does our legal and political system achieve justice for all Australians equally? Designed for beginners as well as non-law students this text provides a comprehensive and accessible guide to understanding Australia's system of law and government. Dr Keiran Hardy describes how legislation is made, the nature of case law, the hierarchy of courts and the doctrine of precedent. He looks at the role played by politics and the media in shaping law, and he describes founding principles including democracy, liberalism, the separation of powers and federalism. The criminal justice system is explained including criminal offences, police powers, sentencing and punishment, and there is a special emphasis on Indigenous peoples and the law. The book concludes with case studies of cybercrime and counterterrorism legislation to illustrate law reform in action. Each chapter features practical examples, chapter summaries and review questions together with a glossary of key terms. Concise, accessible and up-to-the-minute, this is a vital guide for anyone seeking to understand the complexity of Australian law and government. 'This is an excellent book for a wide audience . . . equally useful for law students, legal studies students in high school and anyone seeking an understanding of how and why the law is as it is. And how things might be improved.' - Nicholas Cowdery, AM, QC, former Director of Public Prosecutions, NSW 'A wonderful text . . . The overall structure and the inclusion of comprehension questions, glossaries and a curated reference list ensure that students can build on their understanding over the course of the book.' - Jackie Charles, Rule of Law Institute of Australia 'This introduction to Australian law is comprehensive, contemporary and accessible. It is a perfect primer for new students requiring a broad understanding of Australia's legal system. From cybercrime to the workings of Australia's parliament, this book has it all.' - George Williams, AO, Dean, Anthony Mason Professor, Scientia Professor, University of New South Wales 'Law in Australian Society' is an ideal text for first year students in criminology, legal studies, policing and related fields. Its easy-to-read format aids students in understanding the complexities and subtleties of the Australian legal system.' - Emma Colvin, Centre for Law and Justice, Charles Sturt University

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 596 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 Principles of Australian Constitutional Law written by Patrick Keyzer and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. Principles of Australian Constitutional Law, now in its fifth edition, is a popular textbook aimed at students and practitioners that is now prescribed or recommended in many Australian law schools. It provides helpful summaries of the key cases and an analysis that helps readers to understand contemporary Australian constitutionalism. · Concise but comprehensive overview· Examines the underlying principles that inform this area of law· Included the Commonwealth of Australia Constitution Act and the Australia Act· Lecturers have access to a suite of online ancillary on constitutional law Titles, LexisNexis Case Summaries Constitutional Law, 6th ed, 2016, Constitutional Law at a Glance, 2015, Quick Reference Card Constitutional Law, 2015.

Download or read book Principles and Practice of Australian Law written by Jennifer Greaney and published by . This book was released on 2020 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Principles and Practice of Australian Law maintains the emphasis on context and skills as keys to understanding law in its practical operation. Within this framework, the new edition expands and updates existing material by reference to a range of important contemporary issues and cases. With its distinctive approach, Principles and Practice of Australian Law, fourth edition, is an engaging and relevant introduction to the study of law.