The Oxford Handbook of the Australian Constitution
Cheryl Saunders, Adrienne Stone
Oxford University Press, 2018 - Constitutional law - 1113 pages
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.
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Table of Cases
Table of Legislation
List of Abbreviations
Notes on Contributors
Part I Foundations
Part II Constitutional Domain
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Aboriginal administrative amendment Anne Twomey applied Attorney-General Australasian Convention Debates Australia Acts Australia Acts 1986 Australian Constitution Australian constitutional law authority British Chapter citizenship common law Commonwealth Constitution Commonwealth Parliament conferred Constitution Act Constitution of Queensland constitutional law constitutionalism Council Court of Australia Crennan decisions Dixon doctrine Electoral enacted entrenched executive power exercise federal courts Federation Press framers French CJ Gaudron George Winterton Gleeson CJ Governor-General Gummow Hayne High Court ibid implied independence Indigenous international law interpretation judicial power judicial review Judiciary Act 1903 jurisdiction Justice Kable Kiefel Law Review legislative power limited matters McHugh Melbourne Minister for Immigration National Australasian Convention parliamentary party political principle protection provisions Pty Ltd Queen Queensland question reasoning reference referendum republican responsible government role rule of law Senate South Australia South Wales sovereignty statute statutory Supreme Court Territory tion treaty validity Victoria Western Australia