Constitutional and International Law Perspectives

Constitutional and International Law Perspectives

Author: Gabriël Moens

Publisher: Univ. of Queensland Press

Published: 2000

Total Pages: 284

ISBN-13: 9780702231605

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Some of Australia's most highly regarded legal minds provide a timely examination of both the formation of the country's legal and constitutional foundations and the challenges which confront this framework as it continues to evolve.


ABA Journal

ABA Journal

Author:

Publisher:

Published: 1960-05

Total Pages: 110

ISBN-13:

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.


ABA Journal

ABA Journal

Author:

Publisher:

Published: 1959-02

Total Pages: 100

ISBN-13:

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.


The Continuity of Legal Systems in Theory and Practice

The Continuity of Legal Systems in Theory and Practice

Author: Benjamin Spagnolo

Publisher: Bloomsbury Publishing

Published: 2015-10-22

Total Pages: 278

ISBN-13: 1849468842

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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.


Free Hands and Minds

Free Hands and Minds

Author: Susan Bartie

Publisher: Bloomsbury Publishing

Published: 2019-09-19

Total Pages: 548

ISBN-13: 1509922628

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Peter Brett (1918–1975), Alice Erh-Soon Tay (1934–2004) and Geoffrey Sawer (1910–1996) are key, yet largely overlooked, members of Australia's first community of legal scholars. This book is a critical study of how their ideas and endeavours contributed to Australia's discipline of law and the first Australian legal theories. It examines how three marginal figures – a Jewish man (Brett), a Chinese woman (Tay), and a war orphan (Sawer) – rose to prominence during a transformative period for Australian legal education and scholarship. Drawing on in-depth interviews with former colleagues and students, extensive archival research, and an appraisal of their contributions to scholarship and teaching, this book explores the three professors' international networks and broader social and historical milieux. Their pivotal leadership roles in law departments at the University of Melbourne, University of Sydney, and the Australian National University are also critically assessed. Ranging from local experiences and the concerns of a nascent Australian legal academy to the complex transnational phenomena of legal scholarship and theory, Free Hands and Minds makes a compelling case for contextualising law and legal culture within society. At a time of renewed crisis in legal education and research in the common law world, it also offers a vivid, nuanced and critical account of the enduring liberal foundations of Australia's discipline of law.


International Law as Social Construct

International Law as Social Construct

Author: Carlo Focarelli

Publisher: Oxford University Press

Published: 2012-05-24

Total Pages: 628

ISBN-13: 0199584834

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This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.


Surrogates for the Sovereign

Surrogates for the Sovereign

Author: David Butler

Publisher: Springer

Published: 1991-06-18

Total Pages: 372

ISBN-13: 1349115657

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A study of the office of the Constitutional Head of State in Westminster-style Commonwealth countries. In this book specialist writers look at each country separately, describing the variants in infrastructure and in local custom.


Australia's Children's Courts Today and Tomorrow

Australia's Children's Courts Today and Tomorrow

Author: Rosemary Sheehan

Publisher: Springer Science & Business Media

Published: 2013-04-05

Total Pages: 220

ISBN-13: 9400759282

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The Children’s Court is one of society’s most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children’s Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children’s Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.