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Author: Nicholas Aroney
Publisher: Cambridge University Press
Published: 2015-09-11
Total Pages: 697
ISBN-13: 0521759188
DOWNLOAD EBOOKThis book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
Author: Lisa Burton Crawford
Publisher:
Published: 2017-04-27
Total Pages: 224
ISBN-13: 9781760021337
DOWNLOAD EBOOK* 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'.
Author: A.V. Dicey
Publisher: Springer
Published: 1985-09-30
Total Pages: 729
ISBN-13: 134917968X
DOWNLOAD EBOOKA 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.
Author: Cheryl Saunders
Publisher: Oxford University Press
Published: 2018
Total Pages: 1201
ISBN-13: 0198738439
DOWNLOAD EBOOKProviding an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
Author: Luke Beck
Publisher: Cambridge University Press
Published: 2023-11-30
Total Pages: 783
ISBN-13: 1009326619
DOWNLOAD EBOOKAn understanding of the Australian Constitution as a framework for government in Australia is critical for any law student interested in ensuring that the rule of law is upheld. Australian Constitutional Law: Concepts and Cases provides an accessible introduction to Australian constitutional law, integrating theory and doctrine. This book provides clear explanations and carefully selected case extracts that are structured conceptually, rather than chronologically, to enable students to understand both the current state of constitutional law doctrine and how to engage in constitutional reasoning. Discussion questions throughout encourage students to consider how the law has evolved and how it can be applied to hypothetical legislation. The second edition has been updated to include commentary on significant recent High Court decisions and a new chapter that examines the scope of the Commonwealth's power to impose taxation. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law remains an invaluable resource for law students.
Author: Cheryl Saunders
Publisher: Bloomsbury Publishing
Published: 2010-11-30
Total Pages: 185
ISBN-13: 1847317405
DOWNLOAD EBOOKConsistently 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)
Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
Published: 2018-02-08
Total Pages: 335
ISBN-13: 1509918426
DOWNLOAD EBOOKVigorous 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: W. G. McMinn
Publisher: Melbourne ; New York : Oxford University Press
Published: 1979
Total Pages: 236
ISBN-13:
DOWNLOAD EBOOKAuthor: Ian Killey
Publisher: Rowman & Littlefield
Published: 2022-07-07
Total Pages: 247
ISBN-13: 1666908878
DOWNLOAD EBOOKDespite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a result, the Constitution is now what the High Court says it is, instead of what it was expected to be by its drafters. Most Australians have no knowledge of the Constitution or its operation, but with the growing subjective application of the Constitution, this constitutional digression requires remedy by a Constitutional review. Ian Killey argues that without review, the Australian people will eventually see the Australian Constitution for what it is rapidly becoming—an Emperor with no clothes.
Author: Sir John Quick
Publisher:
Published: 1901
Total Pages: 1056
ISBN-13:
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