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The Australian Constitution in Context

The Australian Constitution in Context
Author: Katherine Lindsay
Publisher: Lawbook Company
Total Pages: 200
Release: 1999
Genre: Law
ISBN:

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The analysis & critical appraisal of primary legal materials are the cornerstones of a deep & effective understanding of constitutional law. The Australian Constitution in Context is designed to introduce students to the text of the Commonwealth Constitution, & the other primary sources of constitutional law, including statutes & case law interpreting the provisions of the constitutional document. Designed as a resource book, it focuses on encouraging students to engage with original sources, in order to develop critical skills for analysis, alerting them to the contexts within which the sources function. The text also provides exercises calling upon students to reflect, not just on the language of the constitutional document, but also upon the history of its interpretation, & the social context within which constitutional disputes arise & are settled. Through the exercises & case studies students will develop an appreciation of the multiple facets of constitutional law, knowledge of the role & function of governmental institutions, & an understanding of core conceptual & theoretical issues. The questions & research exercises are supplemented by other activities, which include revision exercises & terminology lists for revision & individual assessment. These activities are designed to complement & support the exercises, & sharpen students' skills.


The Constitution of Australia

The Constitution of Australia
Author: Cheryl Saunders
Publisher: Bloomsbury Publishing
Total Pages: 183
Release: 2010-11-30
Genre: Law
ISBN: 1847317405

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Consistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)


The Constitution of the Commonwealth of Australia

The Constitution of the Commonwealth of Australia
Author: Nicholas Aroney
Publisher: Cambridge University Press
Total Pages: 697
Release: 2015-09-11
Genre: Law
ISBN: 0521759188

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This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.


The Constitution of the Commonwealth of Australia

The Constitution of the Commonwealth of Australia
Author: Nicholas Aroney
Publisher: Cambridge University Press
Total Pages: 697
Release: 2015-11-26
Genre: Law
ISBN: 1316276775

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The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.


To Constitute a Nation

To Constitute a Nation
Author: Helen Irving
Publisher: Cambridge University Press
Total Pages: 276
Release: 1999-06-13
Genre: History
ISBN: 9780521668972

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This imaginative and resonant 1997 book looks at the constitution as a cultural artefact. It attempts to understand the period during which it emerged, culminating in Federation in 1901. Irving looks beyond the well-known events, places and figures to locate federation and the constitution in the context of broader social, political and cultural changes. She argues that Australians displayed an ability to reconcile the demands of pragmatism with the urge of romanticism. Despite its paradoxical construction, there is something uniquely Australian about the constitution, and it marked a utopian moment as the old century gave way to the new. Irving analyses the background and outcomes of the Constitutional Convention and considers its significance for Australia's possible future as a republic.


The Oxford Handbook of the Australian Constitution

The Oxford Handbook of the Australian Constitution
Author: Cheryl Saunders
Publisher: Oxford University Press
Total Pages: 1201
Release: 2018
Genre: Law
ISBN: 0198738439

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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.


Australian Senate Practice

Australian Senate Practice
Author: Australia. Parliament. Senate
Publisher:
Total Pages: 650
Release: 1973
Genre: Australia
ISBN:

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The Constitution of South Australia

The Constitution of South Australia
Author: Bradley Selway
Publisher: Federation Press
Total Pages: 316
Release: 1997
Genre: Law
ISBN: 9781862872516

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Selway, Solicitor-General for SA, analyses his State's Constitution in the first new work on State Constitutions for a generation.His book covers all the traditional subject matter and a variety of related topics that are usually treated separately. Thus, considered in their constitutional context, is the recognition of Aboriginal customary law, the role of the monarchy, the activities of statutory bodies, and judicial review.The Constitution of South Australia is essential reading for lawyers and other dealing with State constitutional problems in Australia. While focussed on South Australia, the similarity between the State Constitutions means it has general application elsewhere.


The Rule of Law

The Rule of Law
Author: Tom Bingham
Publisher: Penguin UK
Total Pages: 236
Release: 2011-07-07
Genre: Law
ISBN: 0141962011

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'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.