Australian Constitutional Law And Theory

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Australian Constitutional Law and Theory

Author : Anthony Blackshield
Publisher :
ISBN 13 : 9781862875852
Total Pages : 1474 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis Australian Constitutional Law and Theory by : Anthony Blackshield

Download or read book Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2006-01 with total page 1474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law and Theory

Author : Anthony Blackshield
Publisher : Gaunt
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Australian Constitutional Law and Theory by : Anthony Blackshield

Download or read book Australian Constitutional Law and Theory written by Anthony Blackshield and published by Gaunt. This book was released on 1996 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbook dealing with the major issues, themes and problems in Australian constitutional law today as well as providing an outline of premises and principles upon which that law is based. For practitioners, teachers and students. The law is stated as at 11 November 1995. Includes the full text of the Australian Constitution, the Statute of Westminster 1931 and the Australian Act 1986, as well as a table of contents, table of cases and table of legislation. Tony Blackshield is professor of law at Macquarie University and barrister of the Supreme Court of NSW. George Williams is a lecturer in law at the ANU and a barrister of the Supreme Court of the ACT and the High Court of Australia. Brian F Fitzgerald is a lecturer in law at Griffith University and a barrister of the Supreme Court of Qld and the High Court of Australia.

Blackshield and Williams Australian Constitutional Law and Theory

Author : Anthony Blackshield
Publisher :
ISBN 13 :
Total Pages : 1482 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Blackshield and Williams Australian Constitutional Law and Theory by : Anthony Blackshield

Download or read book Blackshield and Williams Australian Constitutional Law and Theory written by Anthony Blackshield and published by . This book was released on 2010 with total page 1482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarshy;ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.Also available is the new Abridged edition, click here for details.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; 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 fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.Significant changes in this new edition include:A rewritten first chapter to provide a more accessible introduction to the subjectA rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and materialThe 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 PeoplesChanges to reflect legislative amendment in areas like citizenship lawRewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009New material on the defence power as it relates to terrorism and national securityNew 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 (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities

Australian Constitutional Law

Author : Luke Beck
Publisher : Cambridge University Press
ISBN 13 : 1108758193
Total Pages : pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Australian Constitutional Law by : Luke Beck

Download or read book Australian Constitutional Law written by Luke Beck and published by Cambridge University Press. This book was released on 2019-10-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Blackshield and Williams Australian Constitutional Law and Theory

Author : George Williams
Publisher :
ISBN 13 : 9781760021511
Total Pages : 1568 pages
Book Rating : 4.0/5 (215 download)

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Book Synopsis Blackshield and Williams Australian Constitutional Law and Theory by : George Williams

Download or read book Blackshield and Williams Australian Constitutional Law and Theory written by George Williams and published by . This book was released on 2018-01-16 with total page 1568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.Key Features of the New EditionLatest Decisions: The text incorporates full analysis of the High Court's decisions in the important citizenship case (Re Canavan) and right to protest case (Brown v Tasmania) both handed down in late October 2017.A new chapter on statutory interpretation and its connection to Australian constitutional law.Substantial revisions to the chapter on constitutional change to take account of the Uluru Statement from the Heart and related developments up to late 2017.Fresh perspectives on constitutional interpretation.Consolidation of the material on the implied freedom of political communication into a single chapter, offering a more streamlined account of the doctrine's development.Major updates to the chapters on the High Court and judicial power.Fully revised and updated for every major constitutional case since the 6th edition, including Commonwealth v Australian Capital Territory (Same Sex Marriage Case), Unions NSW v New South Wales, Plaintiff S156/2013 v Minister for Immigration, Kuczborski v Queensland, Williams v Commonwealth (No 2), Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship, Communications Union v Queensland Rail, Tajjour v New South Wales, McCloy v New South Wales, Australian Communications and Media Authority v Today FM, Duncan v Independent Commission Against Corruption, NAAJA v Northern Territory, Plaintiff M68/2015 v Minister for Immigration, Day v Australian Electoral Officer (SA), Alqudsi v The Queen, Murphy v Electoral Commissioner, Cunningham v Commonwealth, R (Miller) v Secretary of State (Brexit case), Plaintiff S195/2016 v Minister for Immigration and Border Protection, Re Culleton (No 2), Re Day (No 2), Knight v Victoria, and Graham v Minister for Immigration and Border Protection.Also available is the Abridged edition, click here for details.

Australian Constitutional Law

Author : Suri Ratnapala
Publisher :
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Australian Constitutional Law by : Suri Ratnapala

Download or read book Australian Constitutional Law written by Suri Ratnapala and published by . This book was released on 2002 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism and fundamental rights.

Blackshield and Williams Australian Constitutional Law and Theory

Author : GEORGE. WILLIAMS
Publisher :
ISBN 13 : 9781760021535
Total Pages : 1168 pages
Book Rating : 4.0/5 (215 download)

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Book Synopsis Blackshield and Williams Australian Constitutional Law and Theory by : GEORGE. WILLIAMS

Download or read book Blackshield and Williams Australian Constitutional Law and Theory written by GEORGE. WILLIAMS and published by . This book was released on 2018-01-19 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the new and seventh edition of this acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court.The book has been fully revised and updated for major High Court and overseas decisions, including Re Canavan, Brown v Tasmania, McCloy v New South Wales, Murphy v Electoral Commissioner, 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. The reviewer for the Law Institute Journal said of the sixth edition that 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'.Key Features of the New EditionLatest Decisions: The text incorporates full analysis of the High Court's decisions in the important dual citizenship case (Re Canavan), the right to protest case (Brown v Tasmania) and the same sex marriage postal survey case (Wilkie v Commonwealth).Substantial revisions to the chapter on constitutional change to take account of the Uluru Statement from the Heart and related developments up to late 2017.Fresh perspectives on the methodology of constitutional interpretation.Consolidation of the material on the implied freedom of political communication into a single chapter, offering a more streamlined account of the doctrine's development.Major updates to the chapters on the High Court and judicial power.Fully revised and updated for every major constitutional case since the sixth edition, including Plaintiff M76/2013 v Minister for Immigration, Commonwealth v Australian Capital Territory (Same Sex Marriage Case), Unions NSW v New South Wales, Plaintiff S156/2013 v Minister for Immigration, Williams v Commonwealth (No 2), Tajjour v New South Wales, Australian Communications and Media Authority v Today FM, Communications Union v Queensland Rail, McCloy v New South Wales, Plaintiff M68/2015 v Minister for Immigration, Day v Australian Electoral Officer (SA), Alqudsi v The Queen, Murphy v Electoral Commissioner, R (Miller) v Secretary of State (Brexit Case), Re Culleton (No 2), Re Day (No 2), Knight v Victoria, Plaintiff S195/2016 v Minister for Immigration and Graham v Minister for Immigration.Also available is the complete Standard edition, click here for details.

The Rule of Law and the Australian Constitution

Author : Lisa Burton Crawford
Publisher :
ISBN 13 : 9781760021337
Total Pages : 224 pages
Book Rating : 4.0/5 (213 download)

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Book Synopsis The Rule of Law and the Australian Constitution by : Lisa Burton Crawford

Download or read book The Rule of Law and the Australian Constitution written by Lisa Burton Crawford and published by . This book was released on 2017-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: * The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.

Proportionality in Australian Constitutional Law

Author : Shipra Chordia
Publisher :
ISBN 13 : 9781760022426
Total Pages : pages
Book Rating : 4.0/5 (224 download)

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Book Synopsis Proportionality in Australian Constitutional Law by : Shipra Chordia

Download or read book Proportionality in Australian Constitutional Law written by Shipra Chordia and published by . This book was released on 2020-08-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Studies in Australian Constitutional Law

Author : Andrew Inglis Clark
Publisher :
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Studies in Australian Constitutional Law by : Andrew Inglis Clark

Download or read book Studies in Australian Constitutional Law written by Andrew Inglis Clark and published by . This book was released on 1901 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interpreting Constitutions

Author : Charles J. G. Sampford
Publisher : Federation Press
ISBN 13 : 9781862872417
Total Pages : 292 pages
Book Rating : 4.8/5 (724 download)

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Book Synopsis Interpreting Constitutions by : Charles J. G. Sampford

Download or read book Interpreting Constitutions written by Charles J. G. Sampford and published by Federation Press. This book was released on 1996 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions can be viewed as the road map of liberal democracies. And like any road map, they need to be constantly reconsidered and redrawn as the territory develops and changes. The contributors undertake this re-interpretation on a number of levels. They examine first the theoretical approaches to constitutional interpretation and then move on to implied rights. There then follows a consideration of the role of the judiciary and parliament in constitutional interpretation, drawing upon a number of examples from around the world.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0198738439
Total Pages : 1201 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of the Australian Constitution by : Cheryl Saunders

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Australian Constitutional Law

Author : Suri Ratnapala
Publisher :
ISBN 13 :
Total Pages : 313 pages
Book Rating : 4.:/5 (76 download)

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Book Synopsis Australian Constitutional Law by : Suri Ratnapala

Download or read book Australian Constitutional Law written by Suri Ratnapala and published by . This book was released on 2002 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Australian Constitutional Law

Author : Suri Ratnapala
Publisher : OUP Australia & New Zealand
ISBN 13 : 9780195519037
Total Pages : 0 pages
Book Rating : 4.5/5 (19 download)

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Book Synopsis Australian Constitutional Law by : Suri Ratnapala

Download or read book Australian Constitutional Law written by Suri Ratnapala and published by OUP Australia & New Zealand. This book was released on 2012-03-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Constitutional Law: Foundations and Theory, 3e explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism and fundamental rights. In this third edition, Suri Ratnapala has been joined by Jonathan Crowe as co-author, and the book has been fully revised and expanded.

The Continuity of Legal Systems in Theory and Practice

Author : Benjamin Spagnolo
Publisher : Bloomsbury Publishing
ISBN 13 : 1849468842
Total Pages : 224 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis The Continuity of Legal Systems in Theory and Practice by : Benjamin Spagnolo

Download or read book The Continuity of Legal Systems in Theory and Practice written by Benjamin Spagnolo and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Law and the Australian Constitution

Author : Lisa Burton Crawford
Publisher :
ISBN 13 :
Total Pages : 698 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis The Rule of Law and the Australian Constitution by : Lisa Burton Crawford

Download or read book The Rule of Law and the Australian Constitution written by Lisa Burton Crawford and published by . This book was released on 2015 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the relationship between the rule of law and the Australian Constitution. Its more particular aim is to determine whether legislation enacted by the Commonwealth Parliament could be invalidated by the Australian High Court on the basis that it is inconsistent with the rule of law.The starting point for this inquiry is an oft-cited dictum from Australian Communist Party v Commonwealth, decided by the High Court in 1951. In that landmark case, Dixon J said that the rule of law 'forms an assumption' of the Constitution. This has since become a common refrain in the case law of the High Court, but its meaning and significance remain unclear. It remains uncertain whether the rule of law has constitutional force in Australian law - not least because the rule of law is not expressly mentioned in the Constitution. In order to clarify the relationship between the Constitution and the rule of law, this thesis considers three things. The first is the complex and contested nature of the rule of law. The second is the concept of constitutional implications; that is, when it can legitimately be said that a principle or doctrine which is not expressed by the Constitution is nonetheless a part of it. The third is the work of TRS Allan, who insists that the rule of law is an inherent doctrine of constitutional law in all liberal democracies, including Australia. Allan is a leading proponent of the theory of common law constitutionalism, according to which the fundamental principles of a legal order are discovered by the common law courts - and not necessarily in the text of a written constitution. This thesis demonstrates that the rule of law is not an implication of the Constitution or, contra Allan, an inherent doctrine of Australian constitutional law. Thus the rule of law lacks constitutional force, except and insofar as it is implemented by the text or structure of the Constitution. The Constitution does partly implement the rule of law, but only in particular and limited ways. Commonwealth legislation can be invalidated by the High Court on the basis that it is inconsistent with the Constitution, which is itself an important implementation of the rule of law ideal. But the Constitution does not guarantee all the particular principles which, theoretical inquiry may reveal, are necessary to ensure the law's rule. At first, this may appear to represent a failure of constitutional design. However, this thesis also demonstrates that that is not the case, due to the complex and contested nature of the rule of law.

Australian Constitutional Law

Author : Jonathan Crowe
Publisher :
ISBN 13 : 9780190311414
Total Pages : pages
Book Rating : 4.3/5 (114 download)

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Book Synopsis Australian Constitutional Law by : Jonathan Crowe

Download or read book Australian Constitutional Law written by Jonathan Crowe and published by . This book was released on 2022-04-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible introduction to the fundamental principles of Australian constitutional law. Australian Constitutional Law introduces the core areas of Australian constitutional law in a logical and intuitive way. It follows a thematic and historical approach, utilising the idea of constitutional movement to enable you to see where and how the law was formed, how the law has reached its current state and where it might go in the future. Concise yet comprehensive, this is an accessible and engaging text. It features a unique pedagogical approach to support your learning and place the law in the context of constitutional values and historical trends. KEY FEATURESThe principles of constitutional law are explained within the context of constitutional values and history, providing a scaffolded approach to learning. A deeper understanding of the topic is encouraged through the innovative narrative theme of constitutional movement. Cases embedded throughout the text provide examples of how to apply the theory in practice, making difficult concepts easier to understand.