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Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective.
The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.'
Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Sommario
- Foreword
- Introduction
- Part I: Foundations
- 1: Sean Brennan and Megan Davis: First Peoples
- 2: John Waugh: Settlement
- 3: Susan Crennan: Federation
- 4: Anne Twomey: Independence
- 5: Susan Kenny: Evolution
- 6: Patrick Emerton: Ideas
- Part II: Constitutional Domain
- 7: K M Hayne: Rule of Law
- 8: William Gummow: Common Law
- 9: Gabrielle Appleby: Unwritten Rules
- 10: Stephen Donoghue: International Law
- 11: Stephen Gageler: Comparative Law
- 12: Gerard Carney: State Constitutions
- Part III: Themes
- 13: Brendan Lim: Legitimacy
- 14: Elisa Arcioni: Citizenship
- 15: Lisa Burton Crawford and Jeffrey Goldsworthy: Constitutionalism
- 16: John Williams: Republicanism
- 17: William Gummow: Unity
- 18: Hilary Charlesworth: Australia in the International Legal Order
- Part IV: Practice and Process
- 19: Kristen Walker: Authority of the High Court of Australia
- 20: Adrienne Stone: Judicial Reasoning
- 21: Susan Kiefel: Standards of Review
- 22: Jeremy Kirk: Justiciability and Relief
- 23: Peter Hanks and Olaf Ciolek: Techniques of Adjudication
- Part V: Separation of Powers
- 24: Amelia Simpson: Parliaments
- 25: Terence Daintith and Yee-Fui Ng: Executives
- 26: Cheryl Saunders: Legislative and Executive Power
- 27: Nicholas Owens: Judicature and Jurisdiction
- 28: Michelle Foster: Separation of Judicial Power
- 29: Debbie Mortimer: Constitutionalization of Administrative Law
- Part IV: Federalism
- 30: Nicholas Aroney: Design
- 31: Mark Leeming: Power
- 32: Stephen McLeish: Money
- 33: Robert French: Co-operation
- 34: Justin Gleeson: Economic Union
- 35: Michael Crommelin: Federal Principle
- 36: James Stellios: Federal Jurisdiction
- Part VII: Rights
- 37: Scott Stephenson: Rights Protection in Australia
- 38: Fiona Wheeler: Due Process
- 39: Adrienne Stone: Expression
- 40: Joo-Cheong Tham: Political Participation
- 41: Lael Weis: Property
- 42: Carolyn Evans: Religion
- 43: Denise Meyerson: Equality
- 44: Dan Meagher: Legality
Info autore
Cheryl Saunders is a Laureate Professor Emeritus at Melbourne Law School, She has specialist interests in Australian and comparative public law, including comparative constitutional law and methods, intergovernmental relations and constitutional design and change, on all of which she has written widely.
Professor Saunders is a President Emeritus of the International Association of Constitutional Law, a former President of the International Association of Centres for Federal Studies, a former President of the Administrative Review Council of Australia and a senior technical advisor to the Constitution Building program of International IDEA. Professor Saunders was the founding Director of the Centre for Comparative Constitutional Law. She has held visiting positions in law schools in many parts of the world.
Professor Adrienne Stone holds a Chair at Melbourne Law School where she is also an ARC Kathleen Fitzpatrick Laureate Fellow and Director of the Centre for Comparative Constitutional Studies.
Professor Stone researches in constitutional law and constitutional theory with particular attention to freedom of expression; the theoretical underpinnings of rights and judicial method in constitutional cases. She has published widely on these topics. Her Laureate Fellowship on the theme 'Balancing Diversity and Social Cohesion in Democratic Constitutions' investigates how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society.
She is First Vice President of the International Association of Constitutional Law; Vice President of the Australian Association of Constitutional Law and is an elected Fellow of the Australian Academy of Law.
Riassunto
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.
Testo aggiuntivo
Each chapter contains unique insights and stands on its own as a significant scholarly contribution. But read cover to cover, the effect is compounded, leading inexorably to a more synoptic and textured understanding of the major principles, doctrines and themes of Australian constitutional law. ... The book gives the reader a great deal to ponder, and will - it can safely be predicted - lead to further academic analysis and jurisprudential development. It is indeed a remarkable publication.
Relazione
Each chapter contains unique insights and stands on its own as a significant scholarly contribution. But read cover to cover, the effect is compounded, leading inexorably to a more synoptic and textured understanding of the major principles, doctrines and themes of Australian constitutional law. ... The book gives the reader a great deal to ponder, and will - it can safely be predicted - lead to further academic analysis and jurisprudential development. It is indeed a remarkable publication. Daniel Reynolds, Australian Law Journal
