australian constitutional landmarks

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Australian Constitutional Landmarks

Author : H. P. Lee
ISBN : 1139450352
Genre : Law
File Size : 57. 64 MB
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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.

State Constitutional Landmarks

Author : George Winterton
ISBN : 186287607X
Genre : Law
File Size : 45. 90 MB
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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.

Australia S Constitution After Whitlam

Author : Brendan Lim
ISBN : 9781107119468
Genre : Law
File Size : 22. 76 MB
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Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.

Constitutional Conventions In Australia

Author : Ian Killey
ISBN : 9781783081226
Genre : Political Science
File Size : 30. 56 MB
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Australia’s constitutions tell only part of the story. They omit or barely mention many of the essential and well-known elements of the system of government, such as the cabinet, the prime minister or premier, ministerial responsibility or the opposition. This work fills that void by explaining the nature of conventions, how they arise, how they are altered, as well as their operation and development. This is a book for anyone who has an interest in understanding the complexities and mysteries of the unwritten rules of Australian systems of government.

Constitutional Advancement In A Frozen Continent

Author : H. P. Lee
ISBN : 1862877610
Genre : Law
File Size : 62. 67 MB
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Australia has been called the "frozen continent" for its many failures to effect changes to the Constitution via the processes prescribed in section 128. And yet this rigid referendum process has not impeded constitutional advancement. Today the Australian polity wields broad-ranging national powers over most spheres of activities in Australia. The High Court of Australia plays a pivotal role in ensuring that a document devised in a horse and buggy era continues to be of relevance in an age of fast-paced modernity. A broad spectrum of distinguished legal scholars and jurists engage in thoughtful and critical exegesis to explain the continuing evolution of the Australian Constitution.The book was originally conceived as a festschrift to mark George Winterton's retirement as Professor of Constitutional Law at Sydney University. He worked closely with H P Lee on the shaping of the framework of the volume and, in particular, worked very closely with Peter Gerangelos on the chapter which now appears under his name, a chapter which should be regarded as one co-authored with George Winterton. Unfortunately, George passed away without seeing the fruits of his labours. The book stands as a mark of admiration and respect for an outstanding and inspirational scholar.

Law And Government In Australia

Author : Matthew Groves
ISBN : 186287588X
Genre : Administrative law
File Size : 69. 35 MB
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An unrivalled collection of scholars contribute to a book to explore how law and government may affect each other. The authors are all leaders in their field and have joined to honour one of Australia’s most distinguished legal scholars - Enid Campbell -who was recently awarded a Companion of the Order of Australia for her services to the law and legal scholarship. The contributors examine problems within their special field of expertise. The constitutional law experts and their topics include: George Winterton on the changing role of the Governor-General Leslie Zines who examines one of the unresolved issues of intergovernmental immunities HP Lee who explains the implications of the High Court’s most recent decisions on the implied freedom of political communication Jeff Goldsworthy who considers the extent to which a government can bind its successor The administrative law experts and their topics include: Mark Aronson who asks whether the doctrine of nullity has a future in Australian law Bruce Dyer who explains how the High Court has refashioned the ‘legitimate expectation’ and what that means for the requirements of natural justice Dennis Pearce, a former Commonwealth Ombudsman, who examines the most important issues facing Ombudsmen today Sir Anthony Mason who asks whether estoppel has a place in Australian public law.The papers that cover other important legal issues relevant to government include: Matthew Groves who details how the declining role of ministerial responsibility affects the operation of judicial review Mike Taggart, New Zealand’s most eminent legal scholar, who explains the history of legislation used by Attorneys-General to have the most difficult people declared vexatious Richard Garnett, who explains the choices faced by the Australian government in the future of conflict of laws Enid Campbell examines the writings of the legendary American scholar Lon Fuller. She asks whether some government decision-making is just not suited to review by the courts.

The Australian Constitution In Context

Author : Katherine Lindsay
ISBN : STANFORD:36105062044347
Genre : Constitutional law
File Size : 89. 80 MB
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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.

Australian Constitutional Law And Theory

Author : Anthony Blackshield
ISBN : STANFORD:36105134500615
Genre : Law
File Size : 31. 8 MB
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This new 5th edition has been thoroughly rewritten. Each chapter has been looked at again from beginning to end by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Room has been made for major new developments by focusing in more tightly on the key constitutional issues. Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; International Finance Trust Company Limited v New South Wales Crime Commisson; ICM Agriculture Pty Ltd v Commonwealth; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth. As this list indicates, the 5th edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane, Wurridjal, International Finance Trust and ICM Agriculture. Significant changes in the new edition include: A rewritten first chapter to provide a more accessible introduction to the subject A rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and material The separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous Peoples Changes to reflect legislative amendment in areas like citizenship law Rewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009 New material on the defence power as it relates to terrorism and national security New material on the Executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities

International Trade And Business Law Review

Author :
ISBN : STANFORD:36105134438485
Genre : Commercial law
File Size : 87. 83 MB
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Law Institute Journal

Author :
ISBN : STANFORD:36105063234772
Genre : Bar associations
File Size : 45. 64 MB
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