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The Constitutional Systems of the Australian States and Territories

Author : Gerard Carney
Publisher : Cambridge University Press
Page : 11 pages
File Size : 18,18 MB
Release : 2006-09-18
Category : Law
ISBN : 1139458841

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This book outlines the constitutional systems of the six Australian states and ten Commonwealth territories. It begins with their history, basic features, role and future within the Australian federation. Its primary focus is on the binding constitutional restrictions which impact on their parliaments and governments. These issues are also dealt with in relation to the three self-governing territories of the ACT, the Northern Territory and Norfolk Island. It is the only Australian legal reference work of its kind which deals specifically with the constitutional systems of the states and territories. This book is for all law students and constitutional law teachers as well as legal advisors to commonwealth, state and territory governments and parliaments. It will also be of interest to Supreme, Federal, and High Court judges, political scientists working in the area of federalism and anyone with an interest in constitutional affairs.

The Constitution of Australia

Author : Cheryl Saunders
Publisher : Bloomsbury Publishing
Page : 183 pages
File Size : 33,97 MB
Release : 2010-11-30
Category : Law
ISBN : 1847317405

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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. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

The Constitution of the Commonwealth of Australia

Author : Nicholas Aroney
Publisher : Cambridge University Press
Page : 697 pages
File Size : 40,71 MB
Release : 2015-11-26
Category : Law
ISBN : 1316276775

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The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
Page : 1201 pages
File Size : 50,43 MB
Release : 2018
Category : Law
ISBN : 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 Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
Page : 1201 pages
File Size : 39,68 MB
Release : 2018-02-22
Category : Law
ISBN : 0191058300

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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 them against 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 other relevant 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.

Learning Law

Author : Anthony Marinac
Publisher : Cambridge University Press
Page : 913 pages
File Size : 47,50 MB
Release : 2020-10-07
Category : Law
ISBN : 1009047396

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Learning Law is an accessible and engaging introduction to Australian law for students considering a career in the legal profession. This text teaches students how to deal with legislation and cases, focusing on core topics and contextualisation. This second edition has been thoroughly updated and revised, with significant changes including: six new chapters – First Peoples and the law, research, the ethical lawyer, statutory interpretation, lawyers and clients, becoming a lawyer – more coverage of parliaments and courts, new Living Law boxes that showcase the diverse career paths available to law graduates and new Critical Perspective boxes to engage students with critical analysis. Written in a conversational style, Learning Law will leave students feeling more knowledgeable about, and confident in, their interactions with Australian legal institutions and legal professionals. This text is an essential resource that law students will refer to throughout their studies and in the early stages of their career.

Peace, Order, and Good Government

Author : Clement Macintyre
Publisher : Wakefield Press
Page : 352 pages
File Size : 34,73 MB
Release : 2003
Category : Constitutional law
ISBN : 9781862546172

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Fundamental reform of State Constitutions is needed now more than ever. Indeed, the process is under way in all States and Territories. Across Australia there is a growing belief that public institutions must be made more relevant to the needs of an increasingly restless electorate.

A Federal Republic

Author : Brian Galligan
Publisher : CUP Archive
Page : 304 pages
File Size : 18,37 MB
Release : 1995-09-14
Category : History
ISBN : 9780521373548

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