Australian Constitutional Landmarks

Author : H. P. Lee,George Winterton
Publisher : Cambridge University Press
Page : 476 pages
File Size : 44,5 Mb
Release : 2004-01-12
Category : Law
ISBN : 1139450352

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Australian Constitutional Landmarks by H. P. Lee,George Winterton Pdf

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.

Author : George Winterton
Publisher : Federation Press
Page : 488 pages
File Size : 48,6 Mb
Release : 2006
Category : Law
ISBN : 186287607X

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State Constitutional Landmarks by George Winterton Pdf

Fifteen landmark cases and controversies of parliamentary government in the Australian colonies and States are recounted in all their political and legal drama by some of Australias leading constitutional scholars. Topics covered include the amazing saga of Justice Boothby in the 1860s; Privy Council decisions establishing the plenary power of colonial legislatures; the dismissal of New South Wales (NSW) Premier Jack Lang in 1932; the resolution of deadlocks between State legislative Houses; the making of the Australia Acts 1986; debate on the separation of judicial power in the States; the survival of the NSW Legislative Council; the power to expel an MP in NSW; one-vote, one-value in Western Australia; affirmation of the rule of law in Western Australia; the Franca Arena saga in NSW; and the power to force ministers to produce documents in NSW.

Author : Arthur Albert Chresby
Publisher : Unknown
Page : 23 pages
File Size : 55,9 Mb
Release : 1999
Category : Australia
ISBN : 0958654123

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Commonwealth and State Constitutions by Arthur Albert Chresby Pdf

Author : Australia Constitution ACT
Publisher : Legare Street Press
Page : 0 pages
File Size : 50,5 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1019461187

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The Commonwealth of Australia Constitution Act (63 & 64 Vic. C. 12) by Australia Constitution ACT Pdf

This legal document represents a landmark in Australian political history. The Commonwealth of Australia Constitution Act, which was passed in 1900 and came into effect in 1901, established the federal system of government that remains in place today. This edition includes helpful reference tools, making it an essential resource for students, lawyers, and anyone interested in the history of Australian law and government. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Katherine Lindsay
Publisher : Lawbook Company
Page : 200 pages
File Size : 53,8 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105062044347

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The Australian Constitution in Context by Katherine Lindsay Pdf

The analysis & critical appraisal of primary legal materials are the cornerstones of a deep & effective understanding of constitutional law. The Australian Constitution in Context is designed to introduce students to the text of the Commonwealth Constitution, & the other primary sources of constitutional law, including statutes & case law interpreting the provisions of the constitutional document. Designed as a resource book, it focuses on encouraging students to engage with original sources, in order to develop critical skills for analysis, alerting them to the contexts within which the sources function. The text also provides exercises calling upon students to reflect, not just on the language of the constitutional document, but also upon the history of its interpretation, & the social context within which constitutional disputes arise & are settled. Through the exercises & case studies students will develop an appreciation of the multiple facets of constitutional law, knowledge of the role & function of governmental institutions, & an understanding of core conceptual & theoretical issues. The questions & research exercises are supplemented by other activities, which include revision exercises & terminology lists for revision & individual assessment. These activities are designed to complement & support the exercises, & sharpen students' skills.

Author : Sarah McKibbin,Jeremy Patrick,Marcus K. Harmes
Publisher : Springer Nature
Page : 314 pages
File Size : 46,5 Mb
Release : 2022-03-30
Category : Law
ISBN : 9783030900687

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The Impact of Law's History by Sarah McKibbin,Jeremy Patrick,Marcus K. Harmes Pdf

​This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

Author : Andrew Inglis Clark
Publisher : Unknown
Page : 472 pages
File Size : 47,9 Mb
Release : 1901
Category : Australia
ISBN : UCAL:$B50375

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Studies in Australian Constitutional Law by Andrew Inglis Clark Pdf

Author : H. P. Lee,George Winterton
Publisher : Lawbook Company
Page : 347 pages
File Size : 42,5 Mb
Release : 1992-01-01
Category : Australia
ISBN : 0455210845

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Australian Constitutional Perspectives by H. P. Lee,George Winterton Pdf

A collection of nine essays by leading constitutional lawyers providing an analysis of Australian constitutional law. Covers topics such as the interpretation of the constitution in theory and practice, the appointment of High Court judges, and the constitutional position of State Governors. Includes tables of cases and statutes, an index, and a foreword by the Hon Sir Anthony Mann, Chief Justice of the High Court of Australia.

Author : Fiona Hum,Gregor Urbas,Ottavio Quirico
Publisher : Cambridge University Press
Page : 667 pages
File Size : 54,6 Mb
Release : 2022-01-11
Category : Law
ISBN : 9781009010726

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Australian Uniform Evidence Law by Fiona Hum,Gregor Urbas,Ottavio Quirico Pdf

Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.

Author : Brendan Lim
Publisher : Cambridge University Press
Page : 303 pages
File Size : 53,5 Mb
Release : 2017-04-06
Category : Law
ISBN : 9781107119468

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Australia's Constitution after Whitlam by Brendan Lim Pdf

An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.

Author : Cheryl Saunders,Adrienne Stone
Publisher : Oxford University Press
Page : 1201 pages
File Size : 54,6 Mb
Release : 2018
Category : Law
ISBN : 9780198738435

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The Oxford Handbook of the Australian Constitution by Cheryl Saunders,Adrienne Stone Pdf

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.

Author : Peta Stephenson
Publisher : Bloomsbury Publishing
Page : 201 pages
File Size : 47,5 Mb
Release : 2022-09-08
Category : Law
ISBN : 9781509942343

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Nationhood, Executive Power and the Australian Constitution by Peta Stephenson Pdf

The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.

Author : Rosalind Dixon
Publisher : Bloomsbury Publishing
Page : 560 pages
File Size : 43,8 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509918416

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Australian Constitutional Values by Rosalind Dixon Pdf

Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Author : Shireen Morris
Publisher : Bloomsbury Publishing
Page : 222 pages
File Size : 48,7 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509928934

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A First Nations Voice in the Australian Constitution by Shireen Morris Pdf

This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.

Author : Benjamin B Saunders
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 55,6 Mb
Release : 2023-06-15
Category : Law
ISBN : 9781509955817

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Responsible Government and the Australian Constitution by Benjamin B Saunders Pdf

This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.