Blackshield And Williams Australian Constitutional Law And Theory

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.

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

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.

This Abridged edition of Blackshield and Williams provides students with a concise and compact version of Australia's leading constitutional law text. It has been customised to reflect the content of constitutional law subjects taught over one semester and reproduces only the essential chapters and materials from the thoroughly revised, updated and restructured sixth edition.Also available is the complete Standard edition, click here for details.

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.

Blackshield & Williams' Australian Constitutional Law and Theory and Douglas & Jones' Administrative Law are leading textbooks in their respective fields, the one now in its 5th edition, the other in its 6th. They are widely used in Australian law schools, most of which have separate courses in each subject. Some, however, teach a course in public law which straddles both courses; one of these is the Law School at Sydney University. This book takes sections from each book to make a text on Public Law in Australia. The sections included have been selected by those teaching the course at Sydney Law School and the book will be used as the course text in that Law School.

Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.

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)?