Courts and Federalism

Courts and Federalism

Author: Gerald Baier

Publisher: University of British Columbia Press

Published: 2006

Total Pages: 207

ISBN-13: 9780774812368

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Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.


Courts in Federal Countries

Courts in Federal Countries

Author: Nicholas Theodore Aroney

Publisher: University of Toronto Press

Published: 2017-04-24

Total Pages: 598

ISBN-13: 1487511485

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Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.


Australian Public Law

Australian Public Law

Author: Gabrielle Appleby

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 0

ISBN-13: 9780195525656

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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.


The Oxford Handbook of the Australian Constitution

The Oxford Handbook of the Australian Constitution

Author: Cheryl Saunders

Publisher: Oxford University Press

Published: 2018

Total Pages: 1201

ISBN-13: 0198738439

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Providing 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.


The Constitution of the Commonwealth of Australia

The Constitution of the Commonwealth of Australia

Author: Nicholas Aroney

Publisher: Cambridge University Press

Published: 2015-09-11

Total Pages: 697

ISBN-13: 0521759188

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This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.


Australian Constitutional Law and Theory

Australian Constitutional Law and Theory

Author: Anthony Blackshield

Publisher:

Published: 2006-01

Total Pages: 1474

ISBN-13: 9781862875852

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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.


Australian Constitutional Landmarks

Australian Constitutional Landmarks

Author: H. P. Lee

Publisher: Cambridge University Press

Published: 2004-01-12

Total Pages: 476

ISBN-13: 9781139450355

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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.


International Law and Australian Federalism

International Law and Australian Federalism

Author: Brian R. Opeskin

Publisher:

Published: 1997

Total Pages: 414

ISBN-13:

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International law-making has been expanding enormously. More than 50,000 treaties have been concluded since the United Nations began, and Australia is now a party to over 900 conventions and treaties. International law affects our understanding of human rights, criminal law, the environment, international trade, intellectual property and industrial relations. Over the past forty years many nations have recognised their growing interdependence, as international law has become more involved in their structures and workings. The old focus upon external relations between nations has broadened to include events within nations. International bodies, such as the UN Human Rights Committee, now scrutinise the conformity of Australian law with international norms. Australian courts have consequently given greater recognition to international law, even in cases where Australia has not yet implemented the relevant treaty in domestic law. Federal Parliament is now able to use international treaties as a basis for domestic law, and this has dramatically affected the traditional division of legislative authority between state and federal spaces. "International Law and Australian Federalism" is a collection of essays by prominent Australian academics, government lawyers and judges in the fields of international and constitutional law. It explores issues fundamental to the development of Australia's legal system. These issues must also concern policy makers in the political sphere, as we move towards a greater globalisation and closer international relations.


A Federal Republic

A Federal Republic

Author: Brian Galligan

Publisher: CUP Archive

Published: 1995-09-14

Total Pages: 304

ISBN-13: 9780521373548

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A provocative reassessment of the Australian constitution from the perspective of a political scientist.