Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Download or read book Ruling Australia written by Nathan Hollier and published by Arcadia. This book was released on 2004-01-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses who holds power in Australia and how it is achieved; their culture and how they think and act; and, how they protect their own interests. In this book the idea of class has been revived as a basis for understanding Australian society.
Download or read book The Commonwealth Law Reports written by Australia. High Court and published by . This book was released on 1906 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Miscarriages of Justice written by Bibi Sangha and published by . This book was released on 2015-09-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents an unprecedented and scholarly critique of the post-appeal review phase of the Australian criminal justice system. It offers a unique insight for students and practitioners into a new and developing area of criminal law. The authors identify a fundamental flaw that lies at the heart of the Australian criminal justice system: an inconsistency between what constitutes a miscarriage of justice under substantive law against what constitutes a miscarriage of justice under procedural law. By examining the problematic nature of the criminal appeal rights in Australia, Sangha and Moles argue that the existing system does not comply with the rule of law provisions or AustraliaoÂeÂ(tm)s international human rights obligations. South Australia has introduced a new statutory right of appeal and Tasmaina is considering doing the same, to address this issue which represents the first substantive change to the criminal appeal rights in Australia in 100 years. Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia explains the operation of this legislation and advances a compelling argument for its nationwide adoption. This is achieved through an examination of a number of Australian (and international) wrongful conviction cases as well as discussion of specific legal issues and the problematic area of compensation for wrongful convictions. Features oÂeo Authoritative analysis oÂeo Examines leading Australian cases oÂeo Unique text on a new and developing area of law Related Titles D Chappell & P Wilson, Issues in Australian Crime and Criminal Justice, 2005
Download or read book Judging Democracy written by Haig Patapan and published by Cambridge University Press. This book was released on 2000-08-31 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.
Download or read book The Commonwealth Law Reports written by Australia. High Court and published by . This book was released on 1906 with total page 1302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book British Ruling Cases from Courts of Great Britain Canada Ireland Australia and Other Divisions of the British Empire Extensively Annotated written by and published by . This book was released on 1919 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This series of reports is in a sense a continuation, but with a decided expansion, of the plan of the English ruling cases, as it takes the cases from the British empire, instead of from England only, but it continues the English ruling cases in the sense that it will include the most important cases from the English courts decided since that series terminated."--Pref.
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 The Lucky Culture and the Rise of an Australian Ruling Class written by and published by . This book was released on 2013-06-14 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold and provocative book about Australia's national identity and how it is threatened by the rise of a ruling class. Nick Cater, senior editor at The Australian, tracks the seismic changes in Australian culture and outlook since Donald Horne wrote The Lucky Country in 1964. His belief is that countries don't get lucky; people do. The secret of Australia's good fortune is not found in its geography or history. The key to its success is the Australian character, the nation's greatest renewable resource. Liberated from the constraints of the old world, Australia's pioneers mined their reserves of enterprise, energy and ingenuity to build the great civilization of the south. Their over - riding principle was fairness: everybody had a right to a fair go and was obliged to do the right thing by others. Today that spirit of egalitarianism is threatened by the rise of a new breed of sophisticated Australians - the 'bunyip alumni' - who claim to better understand the demands of the age. Their presumption of elitism and superior virtue tempts them to look down on others and dismiss opposing views. Half a century after Donald Horne named Australia 'The Lucky Country', Nick Cater takes stock of the new battle to define Australia and the rift that divides a presumptive ruling class from a people who refuse to be ruled. The Lucky Culture is a lively and original take on 21st century Australia and its people. Sometimes rousing, often provocative and always good - humoured, its unexpectedly moving message cannot be ignored. 'THE LUCKY CULTURE is a great book and particularly relevant as it comes in a moment of high political excitement. I particularly loved Nick Cater's passion for the great Australian dream. It is the first step in restoring that dream.' Rupert Murdoch
Download or read book Ruling the Void written by Peter Mair and published by Verso Books. This book was released on 2023-01-17 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic account of democracy's crisis of legitimacy The age of party democracy has passed, argues Peter Mair in Ruling the Void. The major parties have become so disconnected from society that they no longer seem capable of sustaining democracy in its present form. First published in 2013, Ruling the Void presciently observed that the widening gap between citizens and their political leaders posed a crisis of legitimacy for the governing class, and was fuelling populist mobilizations against it. Europe’s political elites had remodelled themselves as a homogeneous professional class, withdrawing into state institutions that offer relative stability in a world of fickle voters. Meanwhile, non-democratic agencies and practices proliferated – not least among them the European Union itself. Mair weighs the impact of these changes, and offers an authoritative assessment of the prospects for popular political representation today, not only in the varied democracies of Britain and the EU but throughout the developed world. With a new Introduction by Chris Bickerton, author of The European Union: A Citizen’s Guide.
Download or read book The High Court the Constitution and Australian Politics written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2015-02-26 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
Download or read book The Australian Judiciary written by Enid Campbell and published by Cambridge University Press. This book was released on 2012-12-20 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of H. P. Lee's The Australian Judiciary provides a timely update to this seminal text. The only definitive survey of the entire Australian judiciary, this text describes and evaluates the work, techniques, problems and the future of the different tiers of courts and judges. It discusses the role of the judiciary as the third sector of government and analyses and comments on judicial conduct, judicial independence and impartiality, the work of judges beyond the courts, the accountability of judges and the dangers to judicial institutions. It is an excellent reference work which will appeal to legal scholars and practitioners throughout Australia and internationally.
Download or read book Australian Law Dictionary written by Trischa Mann and published by Oxford University Press, USA. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Law Dictionary is a key reference for those who need familiarity with, and knowledge of, Australian legal terms most commonly encountered when studying law and in the profession.
Download or read book Ruling Class Ruling Culture written by R. W. Connell and published by CUP Archive. This book was released on 1977-02-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the Australian ruling class and of how class relations are cemented culturally and psychologically.
Download or read book The South Australian Law Reports written by South Australia. Supreme Court and published by . This book was released on 1873 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governing natives written by Ben Silverstein and published by Manchester University Press. This book was released on 2018-10-16 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1930s, a series of crises transformed relationships between settlers and Aboriginal people in Australia’s Northern Territory. By the late 1930s, Australian settlers were coming to understand the Northern Territory as a colonial formation requiring a new form of government. Responding to crises of social reproduction, public power, and legitimacy, they re-thought the scope of settler colonial government by drawing on both the art of indirect rule and on a representational economy of Indigenous elimination to develop a new political dispensation that sought to incorporate and consume Indigenous production and sovereignties. This book locates Aboriginal history within imperial history, situating the settler colonial politics of Indigeneity in a broader governmental context.
