Ziness The High Court And The Constitution PDF Download
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| Author | : James Stephen Stellios |
| Publisher | : |
| Total Pages | : 723 |
| Release | : 2015 |
| Genre | : Constitutional law |
| ISBN | : 9781760020248 |
Download Zines's the High Court and the Constitution Book in PDF, ePub and Kindle
It has been seven years since the last edition of Professor Zines's classic book, The High Court and the Constitution. In that time the High Court has handed down a range of important decisions transforming, extending and developing existing constitutional law principles. The 6th edition of the book, by Dr James Stellios, contains analysis and critique of the High Court's jurisprudence over that period. Changes have been made to all chapters to update the existing law. However, the most significant updates relate to:The reformulation of the Commonwealth's executive power to contract and spend following the High Court's decisions in Pape and the two Williams cases;The High Court's continuing development of Chapter III principles, particularly its renewed interest in the Kable limitation on State Parliaments;The uncertainties appearing in recent High Court cases on the implied freedom of political communication;The High Court's application of s 92 to national markets in the internet-based new economy.________________________________________________From the Launch in Sydney..."It is a very great pleasure to launch the 6th edition of The High Court and the Constitution and to congratulate James Stellios on his success in maintaining, and perhaps enhancing, the very high quality of Leslie Zines' previous editions. ... it remains for me to state expressly what has been implied in every sentence of this speech. This is a great book. It is truly an Australian classic which is of value to both sophisticated lawyers, students and those who are interested in the Australian Constitution and the High Court and how each of them works." Read launch speech...From the Launch Speech by The Hon Sir Anthony Mason AC KBE GBM
| Author | : James Stellios |
| Publisher | : |
| Total Pages | : |
| Release | : 2022-06-20 |
| Genre | : |
| ISBN | : 9781760023706 |
Download Zines's the High Court and the Constitution 7th Edition Book in PDF, ePub and Kindle
| Author | : Leslie Zines |
| Publisher | : MICHIE |
| Total Pages | : 431 |
| Release | : 1992 |
| Genre | : Australia |
| ISBN | : 9780409490626 |
Download The High Court and the Constitution Book in PDF, ePub and Kindle
This third edition of a textbook first published in 1980 takes into account recent legal developments. Critically examines the basic principles of constitutional law as they have evolved through the principles and policies of judicial interpretation in the High Court. Includes an index and appendix of the Constitution Act.
| Author | : Charles A. Beard |
| Publisher | : |
| Total Pages | : |
| Release | : 1962 |
| Genre | : |
| ISBN | : |
Download Supreme Court and the Constitution Book in PDF, ePub and Kindle
| Author | : Rosalind Dixon |
| Publisher | : Cambridge University Press |
| Total Pages | : 369 |
| Release | : 2015-02-16 |
| Genre | : Law |
| ISBN | : 1107043662 |
Download The High Court, the Constitution and Australian Politics Book in PDF, ePub and Kindle
This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.
| Author | : Wojciech Sadurski |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 472 |
| Release | : 2002-12-31 |
| Genre | : Philosophy |
| ISBN | : 9789041118837 |
Download Constitutional Justice, East and West Book in PDF, ePub and Kindle
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
| Author | : Greg Taylor |
| Publisher | : Federation Press |
| Total Pages | : 600 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9781862876125 |
Download The Constitution of Victoria Book in PDF, ePub and Kindle
"[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.
| Author | : Rachael Gray (Barrister) |
| Publisher | : |
| Total Pages | : 300 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : |
Download The Constitutional Jurisprudence and Judicial Method of the High Court of Australia Book in PDF, ePub and Kindle
This book reviews the movements that have occurred in the High Court's approach to constitutional issues during the Dixon, Mason and Gleeson eras using the legal theory perspectives of legalism, realism and pragmatism. To date, the relevance of theoretical reasoning to Australian constitutional jurisprudence has received relatively little attention. Analysis of constitutional decisions has tended to focus on outcomes rather than method. The book provides a contemporary, comparative and analytical perspective on the manner in which theoretical perspectives can be used to understand and explain the movement of the High Court's constitutional jurisprudence. The discussion is timely in view of the retirement of Chief Justice Gleeson in August 2008 which is likely to focus attention on the Gleeson Court's approach to constitutional issues and the Court's contribution to Australian law.
| Author | : Anne Carter |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2022-01-27 |
| Genre | : Law |
| ISBN | : 1509937005 |
Download Proportionality and Facts in Constitutional Adjudication Book in PDF, ePub and Kindle
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
| Author | : Rosalind Dixon |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 560 |
| Release | : 2018-02-08 |
| Genre | : Law |
| ISBN | : 1509918418 |
Download Australian Constitutional Values Book in PDF, ePub and Kindle
Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
