This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.
This is a textbook written especially for first year LLB students. It is intended to be a complete resource for students commencing a law degree in Australia and to be used in foundational law units offered in Australian universities for first year LLB students. The textbook will give students insight into the operation of the Australian legal system and law making in Australia as well as guidance on skills such as legal reasoning, researching and writing which they will need to develop in order to successfully navigate their law degree. Students will gain an understanding of the requirements and process for admission to practice as an Australian lawyer as well as tips for developing fundamental skills for surviving and thriving as a law student. In short, the text will comprise a dual focus of knowledge and skills to equip first year students with a solid foundation for their law studies.
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
The Australian Law Dictionary is a key reference for those who need familiarity with, and knowledge of, Australian legal terms most commonly encountered when studying law and in the profession.
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
What is 'the rule of law'? How do laws get made? Does our legal and political system achieve justice for all Australians equally? Designed for beginners as well as non-law students this text provides a comprehensive and accessible guide to understanding Australia's system of law and government. Dr Keiran Hardy describes how legislation is made, the nature of case law, the hierarchy of courts and the doctrine of precedent. He looks at the role played by politics and the media in shaping law, and he describes founding principles including democracy, liberalism, the separation of powers and federalism. The criminal justice system is explained including criminal offences, police powers, sentencing and punishment, and there is a special emphasis on Indigenous peoples and the law. The book concludes with case studies of cybercrime and counterterrorism legislation to illustrate law reform in action. Each chapter features practical examples, chapter summaries and review questions together with a glossary of key terms. Concise, accessible and up-to-the-minute, this is a vital guide for anyone seeking to understand the complexity of Australian law and government. 'This is an excellent book for a wide audience . . . equally useful for law students, legal studies students in high school and anyone seeking an understanding of how and why the law is as it is. And how things might be improved.' - Nicholas Cowdery, AM, QC, former Director of Public Prosecutions, NSW 'A wonderful text . . . The overall structure and the inclusion of comprehension questions, glossaries and a curated reference list ensure that students can build on their understanding over the course of the book.' - Jackie Charles, Rule of Law Institute of Australia 'This introduction to Australian law is comprehensive, contemporary and accessible. It is a perfect primer for new students requiring a broad understanding of Australia's legal system. From cybercrime to the workings of Australia's parliament, this book has it all.' - George Williams, AO, Dean, Anthony Mason Professor, Scientia Professor, University of New South Wales 'Law in Australian Society' is an ideal text for first year students in criminology, legal studies, policing and related fields. Its easy-to-read format aids students in understanding the complexities and subtleties of the Australian legal system.' - Emma Colvin, Centre for Law and Justice, Charles Sturt University