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Author : Shipra Chordia
Publisher :
ISBN 13 : 9781760022426
Total Pages : pages
Book Rating : 4.0/5 (224 download)
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:
Author : Anne Carter
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937005
Total Pages : 272 pages
Book Rating : 4.5/5 (99 download)
Download or read book Proportionality and Facts in Constitutional Adjudication written by Anne Carter and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Author : Anthony Blackshield
Publisher :
ISBN 13 : 9781862875852
Total Pages : 1474 pages
Book Rating : 4.8/5 (758 download)
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.
Author : Victor Daminato
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (221 download)
Download or read book Pouring Passion and Prejudice Into Empty Vessels written by Victor Daminato and published by . This book was released on 1993 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gabrielle Appleby
Publisher : Oxford University Press, USA
ISBN 13 : 9780195525656
Total Pages : 0 pages
Book Rating : 4.5/5 (256 download)
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.
Author : Andrew Inglis Clark
Publisher :
ISBN 13 :
Total Pages : 538 pages
Book Rating : 4.A/5 ( download)
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 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter John Hanks
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 832 pages
Book Rating : 4.F/5 ( download)
Download or read book Australian Constitutional Law written by Peter John Hanks and published by Butterworth-Heinemann. This book was released on 1985 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0198738439
Total Pages : 1201 pages
Book Rating : 4.1/5 (987 download)
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: 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.
Author : Grant Huscroft
Publisher : Cambridge University Press
ISBN 13 : 1139952870
Total Pages : 433 pages
Book Rating : 4.1/5 (399 download)
Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
Author : Luke Beck
Publisher : Cambridge University Press
ISBN 13 : 1108758193
Total Pages : pages
Book Rating : 4.1/5 (87 download)
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.
Author : Stephen Gardbaum
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)
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.
Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.0/5 (7 download)
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.
Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0191058319
Total Pages : 1198 pages
Book Rating : 4.1/5 (91 download)
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 2018-03-01 with total page 1198 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.
Author : Aileen Kavanagh
Publisher : Cambridge University Press
ISBN 13 : 1139488961
Total Pages : 470 pages
Book Rating : 4.1/5 (394 download)
Download or read book Constitutional Review under the UK Human Rights Act written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2009-05-07 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Author : Andrew Stewart
Publisher : Federation Press
ISBN 13 : 9781862876422
Total Pages : 204 pages
Book Rating : 4.8/5 (764 download)
Download or read book Work Choices written by Andrew Stewart and published by Federation Press. This book was released on 2007 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Stewart and George Williams, leading scholars and media commentators, explain what has been called the most important decision of the Australian High Court since the Tasmanian Dam Case in 1983. They show what was being argued and why it was being argued, as well as what was decided and the implications for Australia’s future. They include key passages of the majority judgment, and from the dissents of Justices Kirby and Callinan. Is this “a destabilising intrusion of direct federal lawmaking into areas of legislation which, since federation, have been the subjects of State laws†(Justice Kirby)? Might it reduce State Parliaments to “impotent debating societies†(Justice Callinan)?
Author : Michael Taggart
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313310
Total Pages : 410 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Province of Administrative Law written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 1997-06-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.
Author : Anthony Blackshield
Publisher : Gaunt
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.F/5 ( download)
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.
