Australian Constitutional Law And Theory

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.

The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarshy;ship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.Also available is the new Abridged edition, click here for details.Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth.As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.Significant changes in this new edition include:A rewritten first chapter to provide a more accessible introduction to the subjectA rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and materialThe separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous PeoplesChanges to reflect legislative amendment in areas like citizenship lawRewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009New material on the defence power as it relates to terrorism and national securityNew material on the executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities

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.

This is the new and fully updated edition of the acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court including its emphasis on statutory interpretation as a tool of constitutional analysis. The book has also been fully revised and updated for major High Court and overseas decisions, including McCloy v New South Wales, Williams v Commonwealth (No 2), the Brexit Case and Plaintiff M68/2015 v Minister for Immigration. Always 'much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. As the reviewer for the Law Institute Journal said of the most recent edition, this book is 'a great resource for practitioners wanting an authoritative guide to Australian constitutional law' and a 'must-have for law students who would like more depth of analysis'.Key Features of the New EditionLatest Decisions: The text incorporates full analysis of the High Court's decisions in the important citizenship case (Re Canavan) and right to protest case (Brown v Tasmania) both handed down in late October 2017.A new chapter on statutory interpretation and its connection to Australian constitutional law.Substantial revisions to the chapter on constitutional change to take account of the Uluru Statement from the Heart and related developments up to late 2017.Fresh perspectives on constitutional interpretation.Consolidation of the material on the implied freedom of political communication into a single chapter, offering a more streamlined account of the doctrine's development.Major updates to the chapters on the High Court and judicial power.Fully revised and updated for every major constitutional case since the 6th edition, including Commonwealth v Australian Capital Territory (Same Sex Marriage Case), Unions NSW v New South Wales, Plaintiff S156/2013 v Minister for Immigration, Kuczborski v Queensland, Williams v Commonwealth (No 2), Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship, Communications Union v Queensland Rail, Tajjour v New South Wales, McCloy v New South Wales, Australian Communications and Media Authority v Today FM, Duncan v Independent Commission Against Corruption, NAAJA v Northern Territory, Plaintiff M68/2015 v Minister for Immigration, Day v Australian Electoral Officer (SA), Alqudsi v The Queen, Murphy v Electoral Commissioner, Cunningham v Commonwealth, R (Miller) v Secretary of State (Brexit case), Plaintiff S195/2016 v Minister for Immigration and Border Protection, Re Culleton (No 2), Re Day (No 2), Knight v Victoria, and Graham v Minister for Immigration and Border Protection.Also available is the Abridged edition, click here for details.

This is the new and seventh edition of this acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court.The book has been fully revised and updated for major High Court and overseas decisions, including Re Canavan, Brown v Tasmania, McCloy v New South Wales, Murphy v Electoral Commissioner, the Brexit Case and Plaintiff M68/2015 v Minister for Immigration.Always 'much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. The reviewer for the Law Institute Journal said of the sixth edition that this book is 'a great resource for practitioners wanting an authoritative guide to Australian constitutional law' and a 'must-have for law students who would like more depth of analysis'.Key Features of the New EditionLatest Decisions: The text incorporates full analysis of the High Court's decisions in the important dual citizenship case (Re Canavan), the right to protest case (Brown v Tasmania) and the same sex marriage postal survey case (Wilkie v Commonwealth).Substantial revisions to the chapter on constitutional change to take account of the Uluru Statement from the Heart and related developments up to late 2017.Fresh perspectives on the methodology of constitutional interpretation.Consolidation of the material on the implied freedom of political communication into a single chapter, offering a more streamlined account of the doctrine's development.Major updates to the chapters on the High Court and judicial power.Fully revised and updated for every major constitutional case since the sixth edition, including Plaintiff M76/2013 v Minister for Immigration, Commonwealth v Australian Capital Territory (Same Sex Marriage Case), Unions NSW v New South Wales, Plaintiff S156/2013 v Minister for Immigration, Williams v Commonwealth (No 2), Tajjour v New South Wales, Australian Communications and Media Authority v Today FM, Communications Union v Queensland Rail, McCloy v New South Wales, Plaintiff M68/2015 v Minister for Immigration, Day v Australian Electoral Officer (SA), Alqudsi v The Queen, Murphy v Electoral Commissioner, R (Miller) v Secretary of State (Brexit Case), Re Culleton (No 2), Re Day (No 2), Knight v Victoria, Plaintiff S195/2016 v Minister for Immigration and Graham v Minister for Immigration.Also available is the complete Standard edition, click here for details.

* The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.

Constitutions can be viewed as the road map of liberal democracies. And like any road map, they need to be constantly reconsidered and redrawn as the territory develops and changes. The contributors undertake this re-interpretation on a number of levels. They examine first the theoretical approaches to constitutional interpretation and then move on to implied rights. There then follows a consideration of the role of the judiciary and parliament in constitutional interpretation, drawing upon a number of examples from around the world.