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 Laying Down the Law written by Gwen Morris and published by Lexis Law Publishing (Va). This book was released on 1988 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1985.
Download or read book Principles of Criminal Law written by Simon Bronitt and published by Lawbook Company. This book was released on 2001 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: Opens with a consideration of the social, economic and historical context of criminal law before examining the principles that form the basis of criminal law in Australia. Case studies of important decisions influencing the development of the law are included and interesting issues are highlighted.
Download or read book The Principles of Legal Method in New Zealand written by Richard Scragg and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of Legal Method, 2nd edition gives students a clear introduction to legal method, helping them to build the skills of case analysis, statutory interpretation and reasoning by analogy they will need throughout their legal study and legal careers. This text is perfectly pitched to the needs of first years, combining theory, instruction and demonstration. Students will learn the fundamental concepts of legal method and then practice their learning through examples and exercises.
Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Download or read book LAW MAKING AND HUMAN RIGHTS written by LAURA & DEBELJAK GRENFELL (JULIE.) and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Criminal Law in Queensland and Western Australia written by Kelley Burton and published by . This book was released on 2015 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: A student-focused, approachable textbook designed as a complete course companion for all stages and levels of study. The inclusion of summaries, revision questions and problem questions make it highly useful for students approaching subject for the first time students preparing for exams.
Download or read book The Principle of Legality in International and Comparative Criminal Law written by Kenneth S. Gallant and published by Cambridge University Press. This book was released on 2010-12-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.
Download or read book The Law of Sale of Goods in Australia and New Zealand written by Kenneth Coleridge Turvey Sutton and published by Law Book Company, Limited. This book was released on 1971 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Zealand Constitution written by Bruce Harris and published by . This book was released on 2018-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by constitutional law specialist Bruce Harris, New Zealand Constitution An Analysis in Terms of Principles, is a unique commentary on New Zealand's unwritten constitution. The book, is written around sixteen fundamental principles, on which, in the author's view, the New Zealand constitution is built. The commentary on each principle is used to explain, analyse and critique the complex system of law and conventions that make up the constitution. The objective is to ensure that readers understand the New Zealand constitution as providing the foundation for an integrated system of stable government and an ordered society. This systematic approach to explaining the architecture of the constitution, is based on the authors more than forty years of experience of teaching and researching New Zealand constitutional law. The result is not only a clearly written and highly accessible text explaining the fundamentals of the New Zealand system of government, but also an indispensable learning tool for law students studying public law, political studies students, legal practitioners, judges, members of parliament, persons working in government and members of the community generally.
Download or read book Health Law in Australia written by Benjamin Peter White and published by . This book was released on 2014 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. HEALTH LAW IN AUSTRALIA 2ND EDITION is Australia's leading text in this area and was the first book to deal with health law on a comprehensive national basis. In this important field that continues to give rise to challenges for society, the book takes a logical, structured approach to explain the breadth of this area of law across all Australian jurisdictions. By covering all the major areas in this diverse field, HEALTH LAW IN AUSTRALIA 2ND EDITION enhances the understanding of the discipline as a whole. The work begins with an exploration of the general principles of health law, including chapters on "Negligence", "Children and Consent to Medical Treatment", and "Medical Confidentiality and Patient Privacy". The book goes on to consider beginning-of-life and end-of-life issues, before concluding with chapters on emerging areas in health law, such as medical research, genetic technologies and biotechnology. The contributing authors are national leaders who are specialists in these areas of health law and who can share with readers the results of their research. HEALTH LAW IN AUSTRALIA 2ND EDITION has been written for both legal and health audiences. It is essential reading for undergraduate and postgraduate students, researchers and scholars in the disciplines of law, health and medicine, as well as health and legal practitioners, private health providers, and government departments and bodies in the health area.
Download or read book Principles of Federal Criminal Law written by Stephen Odgers and published by . This book was released on 2010 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive examination of the general principles of federal criminal law. The book provides commentary on specific terms and phrases as well as examples of how each principle may be applied.
Download or read book James and Wells Intellectual Property Law in New Zealand written by Ian Finch and published by . This book was released on 2007 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review written by Mark Anthony Robinson and published by . This book was released on 2014 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review The Laws of Australia acquaints practitioners and students with the principles of Judicial Review in Australia. It is an encyclopaedic and practical work whichcovers judicial review of administrative decisions at the state, territory and federal levels.
Download or read book The Legal Protection of Rights in Australia written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
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 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.
