Download or read book The Annotated Constitution of the Australian Commonwealth written by Sir John Quick and published by . This book was released on 1901 with total page 1056 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 2015-09-11 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 Five Things to Know About the Australian Constitution written by Helen Irving and published by Cambridge University Press. This book was released on 2004-11-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this excellent new book, Helen Irving delves into the mystery that is the Australian constitution by discussing the major national debates of recent years. Many people want to understand and take part in the debate about constitutional issues but they face a significant hurdle: the constitution is almost unreadable. It does not mean what it says, and nor does it say what it means. There are many myths in circulation about what the constitution says and as many assumptions about what it does. Helen Irving, one of this country's foremost constitutional experts, puts various constitutional confusions to rest, and invites a general audience into an understanding of the issues that were once reserved for experts.

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 with total page 1201 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 Religious Freedom and the Australian Constitution written by Luke Beck and published by Routledge. This book was released on 2018-03-19 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the origins of Australia’s constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court’s current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.

Download or read book The Constitution of Australia written by Cheryl Saunders and published by Bloomsbury Publishing. This book was released on 2010-11-30 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

Download or read book The Australian Constitution written by Geoffrey Sawer and published by Australian Government Publishing Service. This book was released on 1988 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history and guide to the Australian constitution.

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 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 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 950 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 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 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 Australian Constitutional Landmarks written by H. P. Lee and published by Cambridge University Press. This book was released on 2004-01-12 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2006-01 with total page 1474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Constitution of South Australia written by Bradley Selway and published by Federation Press. This book was released on 1997 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selway, Solicitor-General for SA, analyses his State's Constitution in the first new work on State Constitutions for a generation.His book covers all the traditional subject matter and a variety of related topics that are usually treated separately. Thus, considered in their constitutional context, is the recognition of Aboriginal customary law, the role of the monarchy, the activities of statutory bodies, and judicial review.The Constitution of South Australia is essential reading for lawyers and other dealing with State constitutional problems in Australia. While focussed on South Australia, the similarity between the State Constitutions means it has general application elsewhere.