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Open Constitutional Courts In Australia
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Book Synopsis Open Constitutional Courts by : Patrick Keyzer
Download or read book Open Constitutional Courts written by Patrick Keyzer and published by . This book was released on 2010 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sometimes a group is rich enough and philanthropic enough to fund a constitutional challenge to a piece of legislation. GetUp's victory in the High Court of Australia in August 2010 is an example - and as a result nearly 60,000 Australians were enfranchised to vote in the general election later that month.Often, however, a challenger doesn't have a wealthy backer and takes a huge risk in mounting the action. Would the Commonwealth cede standing? Would it waive its costs if the challenger lost?Patrick Keyzer's book is a powerful argument the constitututional justice requires the removal of this political, lottery element from a legitimate constitutional challenge. The private law paradigm of litigation, he says, is inappropriate in constitutional cases.Keyzer argues that an application for the judicial review of legislative action should be characterised as an exercise of political free speech, and that the rules governing standing and costs are incompatible with that freedom and should be abolished in constitutional cases.He demonstrates that the constitutional guarantee of judicial review gives rise to a right to know whether a law is constitutionally valid, providing a further rationale for open access. Such open access would supply our constitutional courts with a wider normative horizon, and lend legitimacy to judicial review and its outcomes.
Book Synopsis Open Constitutional Courts in Australia by : Patrick Keyzer
Download or read book Open Constitutional Courts in Australia written by Patrick Keyzer and published by . This book was released on 2008 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Law and Precedent by : Monika Florczak-Wątor
Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor and published by Routledge. This book was released on 2022-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis Courts of Final Jurisdiction by : Cheryl Saunders
Download or read book Courts of Final Jurisdiction written by Cheryl Saunders and published by Federation Press. This book was released on 1996 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mason Court ushered in a new age of Australian jurisprudence. Adopting a more explicit style of judicial reasoning, it drew its precedents from a wider range of jurisdictions and presided over new directions in Australian law in areas ranging from contract to constitutional and equity to native title. Why did this happen and where will it lead? Why are courts overseas feeling similar pressures and how are they reacting? The papers in this book, conceived as a tribute to Sir Anthony Mason, debate the role of courts of final jurisdiction and of their chief justices at the end of the 20th century.
Book Synopsis The High Court, the Constitution and Australian Politics by : Rosalind Dixon
Download or read book The High Court, the Constitution and Australian Politics written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2015-02-26 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
Book Synopsis Australian High Court and German Federal Constitutional Court by : Diana Zacharias
Download or read book Australian High Court and German Federal Constitutional Court written by Diana Zacharias and published by . This book was released on 2005 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Australian Constitutional Landmarks by : H. P. Lee
Download or read book Australian Constitutional Landmarks written by H. P. Lee and published by Cambridge University Press. This book was released on 2010-08-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting turning points in the shaping of the Australian nation since Federation, this collection examines cases from their legal and political context, through their implementation and eventual impact on constitutional reform. Contributions by well-known constitutional lawyers, judges and two former chief justices ensure the value of the analysis.
Book Synopsis The Constitutional Jurisprudence and Judicial Method of the High Court of Australia by : Rachael Gray (Barrister)
Download or read book The Constitutional Jurisprudence and Judicial Method of the High Court of Australia written by Rachael Gray (Barrister) and published by . This book was released on 2008 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the movements that have occurred in the High Court's approach to constitutional issues during the Dixon, Mason and Gleeson eras using the legal theory perspectives of legalism, realism and pragmatism. To date, the relevance of theoretical reasoning to Australian constitutional jurisprudence has received relatively little attention. Analysis of constitutional decisions has tended to focus on outcomes rather than method. The book provides a contemporary, comparative and analytical perspective on the manner in which theoretical perspectives can be used to understand and explain the movement of the High Court's constitutional jurisprudence. The discussion is timely in view of the retirement of Chief Justice Gleeson in August 2008 which is likely to focus attention on the Gleeson Court's approach to constitutional issues and the Court's contribution to Australian law.
Book Synopsis The Constitution of the Commonwealth of Australia by : Nicholas Aroney
Download or read book The Constitution of the Commonwealth of Australia written by Nicholas Aroney and published by Cambridge University Press. This book was released on 2015-09-11 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
Book Synopsis Courts in Federal Countries by : Nicholas Theodore Aroney
Download or read book Courts in Federal Countries written by Nicholas Theodore Aroney and published by University of Toronto Press. This book was released on 2017-04-24 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Courts in Asia by : Hongyi Chen
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Book Synopsis Australian Public Law by : Gabrielle Appleby
Download or read book Australian Public Law written by Gabrielle Appleby and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and Politics of Constitutional Courts by : Stefanus Hendrianto
Download or read book Law and Politics of Constitutional Courts written by Stefanus Hendrianto and published by Routledge. This book was released on 2018-04-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis Inside the Mason Court Revolution by : Jason Louis Pierce
Download or read book Inside the Mason Court Revolution written by Jason Louis Pierce and published by . This book was released on 2006 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the Australian High Court's enormously controversial and politically explosive transformation during the 1990s. Led by Chief Justice Anthony Mason, the Court embarked on a concerted effort to recast its role within Australia's legal and political systems. The Court moved to the storm center of Australian politics as it became a catalyst for reforms that appeared unobtainable through parliamentary means, including rights for Australia's indigenous population and free speech protections. Securing unprecedented access to Australia's High Court and senior appellate judges, Pierce describes how the transformation unfolded, identifies the conditions that encouraged it, and explores how the Mason Court reforms have attenuated in recent years in the face of a hostile conservative government and in the absence of formal support structures, such as a bill of rights. The book situates the High Court's transformation in the wider context of similar changes that occurred in other common law judicial systems during recent decades, including the United States, Great Britain, and Canada. "Inside the Mason Court Revolution is the 'go to' book for a solid, accessible analysis of recent jurisprudential changes on Australia's High Court, an informative explanation of why these changes occurred, and thoughtful commentary on how permanent they may be." -- Law & Politics Book Review "Pierce intelligently analyses the reasons for the Court's activism during this period, such as the passage of the Australia Act 1986 and Australia's growing legal independence, the introduction of compulsory retirement for High Court judges, and the requirement for leave to appeal in virtually all cases. This excellent work cogently analyses the criticisms made of the Court during this period that it was too 'activist' and political' for an unelected body." -- Law Institute Journal "The book is based on more than eighty in-depth interviews with the senior judiciary in Australia in the late 1990s... Pierce quotes at length from the interviews, and it is extremely valuable to hear these judges in their own words... the quotes are enormous fun, and can be very thought provoking." -- Oxford University Commonwealth Law Journal "Herein lies the book's great importance, Pierce so convincingly argues--utilising the remarks of the very echelon of the Australian profession as support--that how courts function is dependent upon a complex interplay of legal, individual, institutional and political variables that neither camp--lawyer or political scientist--can remain happily in their comfort zone." -- Federal Law Review "Against what sorts of political standards do we assess claims of the use and abuse of judicial powers? The relevance of Pierce's fascinating book is that it provides a fresh answer to this quite fundamental question... Pierce deserves many non-Australian readers." -- The American Review of Politics "Pierce has thoroughly researched his subject and, for that reason, this book is a worthwhile addition to any library." -- Precedent Magazine "[T]he judicial comments recorded in this book are in many cases both thoughtful and thought-provoking. They provide great insight into the judicial role and method from those who practise it. Both the divergences and similarities in views are instructive and this material could well prove useful for future studies on the judiciary." -- Melbourne University Law Review
Book Synopsis Constitutional Courts as Positive Legislators by : Allan R. Brewer-Carías
Download or read book Constitutional Courts as Positive Legislators written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2013-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
