Constitutional Law
Books on Australian constitutional law are generally located at KM 76.
The Australian constitution and national identity by
What does Australia's Constitution say about national identity? A conventional answer might be 'not much'. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation. This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia's national identity.
Winterton's Australian federal constitutional law : commentary and materials by
Since the first edition in 1999, Winterton's Australian Federal Constitutional Law: Commentary and Materials has established itself as one of the most respected constitutional law reference works. This book is intended primarily for teaching purposes and contains material covered in virtually all Australian Federal Constitutional Law courses, and, since its third edition, Public Law courses as well. The essential topics are examined in depth to promote greater insight into constitutional principles, judicial reasoning and overall assessment of the work of the High Court. It includes commentary and materials which will also be of assistance to advanced students, scholars and researchers, as well as to judges and lawyers. This fourth edition incorporates recent developments in the law since the last edition, including recent significant cases relating to the Commonwealth's executive and judicial power, the Kable line of case, to implied and express rights, to Commonwealth financial relations and other important aspects of Commonwealth legislative power. There have been significant updates to all existing chapters. Winterton's Australian Federal Constitutional Law includes reviews of all the important constitutional decisions of the High Court of Australia and analysis of the issues that arise in those decisions. The layout of this book has been improved to promote understanding of this complex and important field.
Winterton's Australian federal constitutional law : commentary and materials by
Since the first edition in 1999, Winterton's Australian Federal Constitutional Law: Commentary and Materials has established itself as one of the most respected constitutional law reference works. This book is intended primarily for teaching purposes and contains material covered in virtually all Australian Federal Constitutional Law courses, and, since its third edition, Public Law courses as well. The essential topics are examined in depth to promote greater insight into constitutional principles, judicial reasoning and overall assessment of the work of the High Court. It includes commentary and materials which will also be of assistance to advanced students, scholars and researchers, as well as to judges and lawyers. Winterton's Australian Federal Constitutional Law includes reviews of all the important constitutional decisions of the High Court of Australia and analysis of the issues that arise in those decisions. The layout of this book has been improved to promote understanding of this complex and important field.
Winterton’s Australian Federal Constitutional Law includes reviews of all the important constitutional...
Zines and Stellios's the High Court and the Constitution by
It has been seven years since the publication of the 6th edition of Professor Zines's classic book on Australian constitutional law, The High Court and the Constitution. In that time the High Court has handed down a range of important decisions transforming, extending and developing existing constitutional law principles. The 7th edition of the book, by Professor James Stellios, contains analysis and critique of the High Court's jurisprudence over that period. Revisions have been made to almost all chapters to update the existing law. The most significant revisions relate to: the new developments on the implied freedom of political communication, including the adoption of structured proportionality; the alignment of the intercourse and trade and commerce limbs of s 92 in the context of border closures to address the COVID-19 pandemic, and the acceptance of structured proportionality in that context; the acceptance of a reciprocal intergovernmental immunities doctrine; the High Court's continuing development of Chapter III principles; the interpretive method of the Court, including in cases on dual citizenship; and the renewed interest in principles of characterisation, particularly in relation to the aliens power and incidental power
Lumb, Moens & Trone : the constitution of the Commonwealth of Australia annotated by
This work provides commentary and analysis focusing on the most important decisions concerning the Commonwealth Constitution. In addition to the detailed annotations of each provision of the Constitution, the Introduction provides a clear discussion of other important constitutional concepts such as federalism, the separation of powers, judicial review and proportionality.
Hanks' Australian constitutional law : materials and commentary by
This book considers the concepts underlying our Constitution and explores constitutional decision-making in context. It reviews all of the important constitutional decisions of the High Court of Australia, and exposes the issues that arise in those decisions to a critical analysis. The book covers all major areas of study in both constitutional law and public law.
Hanks' Australian constitutional law : materials and commentary by
This book considers the concepts underlying our Constitution and explores constitutional decision-making in context. It reviews all of the important constitutional decisions of the High Court of Australia, and exposes the issues that arise in those decisions to a critical analysis. The book covers all major areas of study in both constitutional law and public law.
Australian constitutional law : concepts and cases by
Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book's explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.
Australian constitutional law : concepts and cases by
Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book's explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.
Proportionality in Australian constitutional law by
Selected as the winner of the 2019 Holt Prize by The Hon Professor William Gummow AC, The Hon Justice Alan Robertson and Ruth Higgins SC, Proportionality in Australian Constitutional Law considers the concerns that have been raised regarding the doctrine of proportionality and how these might be addressed. Since its first introduction into Australian constitutional law, there have been debates regarding its use. Recent cases, in particular, have seen a splintering on the High Court, with some judges expressing support for proportionality as a useful tool in certain contexts, and others expressing deep reservations about it. Against this background, Chordia proposes a theoretical framework for proportionality, and uses it to explore a critical question: when, if at all, is proportionality an appropriate analytical tool in Australian constitutional adjudication?
Current issues in Australian constitutional law : tributes to Professor Leslie Zines by
The late Professor Leslie Zines AO is widely regarded as one of Australia's pre-eminent experts on constitutional law. He authored several of the seminal texts, including The High Court and the Constitution, Constitutional Change in the Commonwealth, Federal Jurisdiction in Australia, and a number of other books, articles and book chapters.This collection of essays and commentaries brings together many of Australia's leading authorities on Australian constitutional law to pay tribute to Professor Zines' enduring legacy. The contributions cover a wide range of contemporary constitutional questions: the establishment of an Australian international commercial tribunal; the executive power following the Williams cases; punishment and Ch III of the Constitution; the law applicable in federal jurisdiction; constitutional method through the lens of the citizenship cases; current issues in political communication; the Kable legacy and impact on the Australian judicial system; and s 92 in its second century.
A First Nations Voice in the Australian constitution by
This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
Government powers under a Federal Constitution : constitutional law in Australia by
In this new edition of Government Powers Under a Federal Constitution, John Pyke responds to the change that has taken place in constitutional case-law in the past few decades by grouping the topics in a completely new way. The newer developments in political free speech, voting rights, and the protection of the independence of State judiciaries by the Kable doctrine are grouped with older cases on just terms, the rule of law and the separation of powers at the Commonwealth level to show Constitutional Law as, at least in part, a way of enforcing individual rights. Its more traditional role as the divider of powers between the Commonwealth and States has not, of course, gone away, so it is the focus of the other major part of the book – but it is noticeable that there have been very few new cases in this area in the last decade; the emphasis has swung towards Constitutional Law as Human Rights Law. While still paying due regard to the older themes that used to dominate constitutional argument, this is a book on Constitutional Law for the 2020s.
Federal constitutional law : a contemporary view by
This fifth edition of Federal Constitutional Law: A Contemporary View continues the book’s tradition of revealing the difficult discipline of Australian federal constitutional law in an analytical, accessible and engaging way. The authors, Professor Sarah Joseph and Associate Professor Melissa Castan examine contemporary perspectives, the latest developments and likely future directions of constitutional law, and supplement essential primary materials with their narrative-style commentary, in a comprehensive, well organised and reader focussed presentation.
The Oxford handbook of the Australian constitution by
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting themagainst the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective.The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, "Foundations", deals with aspects of Australian history which have influenced constitutional arrangements. The second, "Constitutional Domain", addresses the interaction between the constitution and otherrelevant legal systems and orders, including the common law, international law, and state constitutions. The third, "Themes", identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, "Practice and Process",deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: "Separation of Powers", "Federalism", and the"Protection of Rights."Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
The Oxford handbook of the Australian constitution by
Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting themagainst the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, "Foundations", deals with aspects of Australian history which have influenced constitutional arrangements. The second, "Constitutional Domain", addresses the interaction between the constitution and otherrelevant legal systems and orders, including the common law, international law, and state constitutions. The third, "Themes", identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, "Practice and Process",deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: "Separation of Powers", "Federalism", and the"Protection of Rights."Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Constitutional law by
LexisNexis Study Guide Constitutional Law, 3rd Edition is designed to assist students in learning the foundations for effective, systematic exam preparation and revision
Blackshield and Williams Australian constitutional law and theory : commentary and materials by
This is the new and fully updated edition of the acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court including its emphasis on statutory interpretation as a tool of constitutional analysis. The book has also been fully revised and updated for major High Court and overseas decisions, including McCloy v New South Wales, Williams v Commonwealth (No 2), the Brexit Case and Plaintiff M68/2015 v Minister for Immigration. Always ‘much more than a casebook’ as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. As the reviewer for the Law Institute Journal said of the most recent edition, this book is ‘a great resource for practitioners wanting an authoritative guide to Australian constitutional law’ and a ‘must-have for law students who would like more depth of analysis’.
Constitutional law in Australia by
Constitutional Law in Australia explores major themes and issues relating to the structure and function of government in Australia, in both its institutional and federal aspects. Drawing on formal constitutional documents, legislation, judicial decisions, political practice and academic commentary, this text offers a guide to the legal aspects of government in Australia and a critical evaluation of the growth of constitutional rules and concepts. The work is a comprehensive, authoritative and critical account of the rules which structure and reflect the exercise of political power in Australia.
Constitutional law in Australia by
Constitutional Law in Australia explores major themes and issues relating to the structure and function of government in Australia, in both its institutional and federal aspects. Drawing on formal constitutional documents, legislation, judicial decisions, political practice and academic commentary, this text offers a guide to the legal aspects of government in Australia and a critical evaluation of the growth of constitutional rules and concepts. The work is a comprehensive, authoritative and critical account of the rules which structure and reflect the exercise of political power in Australia.
Principles of Australian constitutional law by
Principles of Australian Constitutional Law, now in its fifth edition, is a popular textbook aimed at students and practitioners that is now prescribed or recommended in many Australian law schools. It provides helpful summaries of the key cases and an analysis that helps readers to understand contemporary Australian constitutionalism.
It's our country : Indigenous arguments for meaningful constitutional recognition and reform by
Why should Indigenous people have a direct say in the decisions that affect their lives? Australia is one of the only liberal democracies still grappling with such a fundamental question. The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country- Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve--or not achieve--for Indigenous people.
It's our country : Indigenous arguments for meaningful constitutional recognition and reform by
Why should Indigenous people have a direct say in the decisions that affect their lives? Australia is one of the only liberal democracies still grappling with such a fundamental question. The idea of constitutional recognition of Indigenous Australians has become a highly political and contentious issue. It is entangled in institutional processes that rarely allow the diversity of Indigenous opinion to be expressed. With a referendum on the agenda, it is now urgent that Indigenous people have a direct say in the form of recognition that constitutional change might achieve. It's Our Country- Indigenous Arguments for Meaningful Constitutional Recognition and Reform is a collection of essays by Aboriginal and Torres Strait Islander thinkers and leaders including Patrick Dodson, Noel Pearson, Dawn Casey, Nyunggai Warren Mundine and Mick Mansell. Each essay explores what recognition and constitutional reform might achieve--or not achieve--for Indigenous people.
The Constitution of Australia: A Contextual Analysis by
Consistently 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.