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 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 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 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 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 The Rule of Law written by Geoffrey de Q. Walker and published by Melbourne University. This book was released on 1988 with total page 510 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 An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
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 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 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 Blackshield and Williams Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2010 with total page 1482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarshy;ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.Also available is the new Abridged edition, click here for details.Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth.As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.Significant changes in this new edition include:A rewritten first chapter to provide a more accessible introduction to the subjectA rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and materialThe separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous PeoplesChanges to reflect legislative amendment in areas like citizenship lawRewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009New material on the defence power as it relates to terrorism and national securityNew material on the executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities
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 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 Australian Constitutional Law and Theory written by Anthony Blackshield and published by Gaunt. This book was released on 1996 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbook dealing with the major issues, themes and problems in Australian constitutional law today as well as providing an outline of premises and principles upon which that law is based. For practitioners, teachers and students. The law is stated as at 11 November 1995. Includes the full text of the Australian Constitution, the Statute of Westminster 1931 and the Australian Act 1986, as well as a table of contents, table of cases and table of legislation. Tony Blackshield is professor of law at Macquarie University and barrister of the Supreme Court of NSW. George Williams is a lecturer in law at the ANU and a barrister of the Supreme Court of the ACT and the High Court of Australia. Brian F Fitzgerald is a lecturer in law at Griffith University and a barrister of the Supreme Court of Qld and the High Court of Australia.
Download or read book The Rule of Law During the War written by Sir Robert Menzies and published by . This book was released on 1917 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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)
