Ziness The High Court And The Constitution

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Zines's the High Court and the Constitution

Author : James Stephen Stellios
Publisher :
ISBN 13 : 9781760020248
Total Pages : 723 pages
Book Rating : 4.0/5 (22 download)

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Book Synopsis Zines's the High Court and the Constitution by : James Stephen Stellios

Download or read book Zines's the High Court and the Constitution written by James Stephen Stellios and published by . This book was released on 2015 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been seven years since the last edition of Professor Zines's classic book, 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 6th edition of the book, by Dr James Stellios, contains analysis and critique of the High Court's jurisprudence over that period. Changes have been made to all chapters to update the existing law. However, the most significant updates relate to:The reformulation of the Commonwealth's executive power to contract and spend following the High Court's decisions in Pape and the two Williams cases;The High Court's continuing development of Chapter III principles, particularly its renewed interest in the Kable limitation on State Parliaments;The uncertainties appearing in recent High Court cases on the implied freedom of political communication;The High Court's application of s 92 to national markets in the internet-based new economy.________________________________________________From the Launch in Sydney..."It is a very great pleasure to launch the 6th edition of The High Court and the Constitution and to congratulate James Stellios on his success in maintaining, and perhaps enhancing, the very high quality of Leslie Zines' previous editions. ... it remains for me to state expressly what has been implied in every sentence of this speech. This is a great book. It is truly an Australian classic which is of value to both sophisticated lawyers, students and those who are interested in the Australian Constitution and the High Court and how each of them works." Read launch speech...From the Launch Speech by The Hon Sir Anthony Mason AC KBE GBM

Zines's the High Court and the Constitution 7th Edition

Author : James Stellios
Publisher :
ISBN 13 : 9781760023706
Total Pages : pages
Book Rating : 4.0/5 (237 download)

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Book Synopsis Zines's the High Court and the Constitution 7th Edition by : James Stellios

Download or read book Zines's the High Court and the Constitution 7th Edition written by James Stellios and published by . This book was released on 2022-06-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The High Court and the Constitution

Author : Leslie Zines
Publisher : MICHIE
ISBN 13 : 9780409490626
Total Pages : 431 pages
Book Rating : 4.4/5 (96 download)

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Book Synopsis The High Court and the Constitution by : Leslie Zines

Download or read book The High Court and the Constitution written by Leslie Zines and published by MICHIE. This book was released on 1992 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of a textbook first published in 1980 takes into account recent legal developments. Critically examines the basic principles of constitutional law as they have evolved through the principles and policies of judicial interpretation in the High Court. Includes an index and appendix of the Constitution Act.

The High Court, the Constitution and Australian Politics

Author : Rosalind Dixon
Publisher : Cambridge University Press
ISBN 13 : 1316276783
Total Pages : 369 pages
Book Rating : 4.3/5 (162 download)

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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.

The Oxford Handbook of the Australian Constitution

Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0191058300
Total Pages : 950 pages
Book Rating : 4.1/5 (91 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 2018-02-22 with total page 950 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.

Australia's Constitution after Whitlam

Author : Brendan Lim
Publisher : Cambridge University Press
ISBN 13 : 1108132693
Total Pages : 303 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Australia's Constitution after Whitlam by : Brendan Lim

Download or read book Australia's Constitution after Whitlam written by Brendan Lim and published by Cambridge University Press. This book was released on 2017-04-06 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.

Proportionality and Facts in Constitutional Adjudication

Author : Anne Carter
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936998
Total Pages : 238 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Proportionality and Facts in Constitutional Adjudication by : Anne Carter

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 238 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.

Responsible Government and the Australian Constitution

Author : Benjamin B Saunders
Publisher : Bloomsbury Publishing
ISBN 13 : 1509955801
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Responsible Government and the Australian Constitution by : Benjamin B Saunders

Download or read book Responsible Government and the Australian Constitution written by Benjamin B Saunders and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.

Courts and Federalism

Author : Gerald Baier
Publisher : UBC Press
ISBN 13 : 0774841028
Total Pages : 226 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Courts and Federalism by : Gerald Baier

Download or read book Courts and Federalism written by Gerald Baier and published by UBC Press. This book was released on 2011-11-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.

The Separation of Powers and Legislative Interference in Judicial Process

Author : Peter Gerangelos
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315003
Total Pages : 328 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Separation of Powers and Legislative Interference in Judicial Process by : Peter Gerangelos

Download or read book The Separation of Powers and Legislative Interference in Judicial Process written by Peter Gerangelos and published by Bloomsbury Publishing. This book was released on 2009-04-10 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).

Judicial Cosmopolitanism

Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

Australian Constitutional Values

Author : Rosalind Dixon
Publisher : Bloomsbury Publishing
ISBN 13 : 1509918426
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Australian Constitutional Values by : Rosalind Dixon

Download or read book Australian Constitutional Values written by Rosalind Dixon and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Judging Democracy

Author : Haig Patapan
Publisher : Cambridge University Press
ISBN 13 : 9780521774284
Total Pages : 230 pages
Book Rating : 4.7/5 (742 download)

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Book Synopsis Judging Democracy by : Haig Patapan

Download or read book Judging Democracy written by Haig Patapan and published by Cambridge University Press. This book was released on 2000-08-31 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.

The Remaking of the Courts

Author : Dr Sarah Murray
Publisher : Federation Press
ISBN 13 : 1760020214
Total Pages : 320 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Remaking of the Courts by : Dr Sarah Murray

Download or read book The Remaking of the Courts written by Dr Sarah Murray and published by Federation Press. This book was released on 2014-03-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia’s constitutional framework. The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a ‘contextual incompatibility’ methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.

The Constitution of Victoria

Author : Greg Taylor
Publisher : Federation Press
ISBN 13 : 9781862876125
Total Pages : 600 pages
Book Rating : 4.8/5 (761 download)

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Book Synopsis The Constitution of Victoria by : Greg Taylor

Download or read book The Constitution of Victoria written by Greg Taylor and published by Federation Press. This book was released on 2006 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.

Nationhood, Executive Power and the Australian Constitution

Author : Peta Stephenson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942343
Total Pages : 201 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Nationhood, Executive Power and the Australian Constitution by : Peta Stephenson

Download or read book Nationhood, Executive Power and the Australian Constitution written by Peta Stephenson and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.

Constitutional Justice, East and West

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118837
Total Pages : 472 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Constitutional Justice, East and West by : Wojciech Sadurski

Download or read book Constitutional Justice, East and West written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.