'Each chapter contains unique insights and stands on its own as a significant scholarly contribution. But read cover to cover, the effect is compounded, leading inexorably to a more synoptic and textured understanding of the major principles, doctrines and themes of Australian constitutional law. ... The book gives the reader a great deal to ponder, and will - it can safely be predicted - lead to further academic analysis and jurisprudential development. It is indeed a remarkable publication.'

Daniel Reynolds, Australian Law Journal

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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Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.
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Anthony Mason: Foreword Adrienne Stone and Cheryl Saunders: IntroductionPart I: Foundations 1: Sean Brennan and Megan Davis: First Peoples 2: John Waugh: Settlement 3: Susan Crennan: Federation 4: Anne Twomey: Independence 5: Susan Kenny: Evolution 6: Patrick Emerton: IdeasPart II: Constitutional Domain 7: K M Hayne: Rule of Law 8: William Gummow: Common Law 9: Gabrielle Appleby: Unwritten Rules 10: Stephen Donoghue: International Law 11: Stephen Gageler: Comparative Law 12: Gerard Carney: State ConstitutionsPart III: Themes 13: Brendan Lim: Legitimacy 14: Elisa Arcioni: Citizenship 15: Lisa Burton Crawford and Jeffrey Goldsworthy: Constitutionalism 16: John Williams: Republicanism 17: William Gummow: Unity 18: Hilary Charlesworth: Australia in the International Legal OrderPart IV: Practice and Process 19: Kristen Walker: Authority of the High Court of Australia 20: Adrienne Stone: Judicial Reasoning 21: Susan Kiefel: Standards of Review 22: Jeremy Kirk: Justiciability and Relief 23: Peter Hanks and Olaf Ciolek: Techniques of AdjudicationPart V: Separation of Powers 24: Amelia Simpson: Parliaments 25: Terence Daintith and Yee-Fui Ng: Executives 26: Cheryl Saunders: Legislative and Executive Power 27: Nicholas Owens: Judicature and Jurisdiction 28: Michelle Foster: Separation of Judicial Power 29: Debbie Mortimer: Constitutionalization of Administrative LawPart IV: Federalism 30: Nicholas Aroney: Design 31: Mark Leeming: Power 32: Stephen McLeish: Money 33: Robert French: Co-operation 34: Justin Gleeson: Economic Union 35: Michael Crommelin: Federal Principle 36: James Stellios: Federal JurisdictionPart VII: Rights 37: Scott Stephenson: Rights Protection in Australia 38: Fiona Wheeler: Due Process 39: Adrienne Stone: Expression 40: Joo-Cheong Tham: Political Participation 41: Lael Weis: Property 42: Carolyn Evans: Religion 43: Denise Meyerson: Equality 44: Dan Meagher: Legality
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"Each chapter contains unique insights and stands on its own as a significant scholarly contribution. But read cover to cover, the effect is compounded, leading inexorably to a more synoptic and textured understanding of the major principles, doctrines and themes of Australian constitutional law. ... The book gives the reader a great deal to ponder, and will - it can safely be predicted - lead to further academic analysis and jurisprudential development. It is indeed a remarkable publication." - Daniel Reynolds, Australian Law Journal
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Cheryl Saunders is a laureate professor emeritus at Melbourne Law School.Adrienne Stone is a Laureate Professor and Director of the Centre for Comparative Constitutional Studies at Melbourne Law School.Contributors:Gabrielle Appleby, Professor, University of New South Wales Law SchoolNicholas Aroney, Professor and an Executive Director of the Centre for Public, International and Comparative Law, TC Beirne School of Law, University of QueenslandElisa Arcioni, Associate Professor, Sydney Law SchoolWilliam Bateman,Professor at the Australian National UniversitySean Brennan, Associate Professor, University of New South Wales Law SchoolGerard Carney, Professor, Curtin Law SchoolHilary Charlesworth, laureate professor at Melbourne Law School and a Judge of the International Court of Justice.Olaf Ciolek, Barrister, Owen Dixon Chambers WestLisa Burton Crawford, Professor at Sydney Law SchoolSusan Crennan, Former Justice, High Court of AustraliaMichael Crommelin, Professor Emeritus, Melbourne Law SchoolTerence Daintith, Professorial Fellow, Institute of Advanced Legal Studies, University of LondonMegan Davis, and Balnaves Chair in Constitutional Law at UNSW Law SchoolStephen Donoghue, Solicitor-General of the Commonwealth of AustraliaPatrick Emerton, Professor, Deakin Law SchoolCarolyn Evans, Vice Chancellor of Griffith UniversityChief Justice Robert French, Former Chief Justice, High Court of AustraliaMichelle Foster, Professor, Melbourne Law SchoolJustice Stephen Gageler, Justice, High Court of AustraliaJustin Gleeson, Former Solicitor-General of the Commonwealth of AustraliaJeffrey Goldsworthy, Professor Emeritus, Faculty of Law, Monash University, and a professorial fellow at Melbourne Law SchoolWilliam Gummow, Former Justice, High Court of AustraliaPeter Hanks, Barrister, List G BarristersKenneth Hayne, Former Justice, High Court of AustraliaSusan Kenny, Former Justice, Federal Court of AustraliaSusan Kiefel, Former Chief Justice, High Court of AustraliaJeremy Kirk, Justice of the Court of Appeal of New South Wales at the Supreme Court of New South WalesJustice Mark Leeming, Justice, New South Wales Court of AppealBrendan Lim, Barrister, Eleven WentworthSir Anthony Mason, former Chief Justice, High Court of AustraliaJustice Stephen McLeish, Justice, Victorian Court of AppealDan Meagher, Professor, Deakin Law SchoolDenise Meyerson, Emeritus Professor, Macquarie Law SchoolChief Justice Debbie Mortimer, Chief Justice, Federal Court of AustraliaYee-Fui Ng, Associate Professor, Monash UniversityNicholas Owens, Barrister, Fifth Floor St JamesCheryl Saunders, Laureate Professor, Melbourne Law SchoolAmelia Simpson, Honorary Associate Professor, Australian National University College of LawJames Stellios, Professor, ANU College of LawScott Stephenson, Associate Professor, Melbourne Law SchoolAdrienne Stone, Laureate Professor, Melbourne Law SchoolJoo-Cheong Tham, Professor, Melbourne Law SchoolAnne Twomey, Professor Emerita, Sydney Law SchoolKristen Walker, Justice of the Court of Appeal of Victoria, Supreme Court of VictoriaJohn Waugh, Senior Fellow, Melbourne Law SchoolLael Weis, Associate Professor, Melbourne Law SchoolFiona Wheeler, Professor, ANU College of LawJohn Williams, Provost, University of Adelaide
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A comprehensive overview and introduction to the Australian constitutional system in law and practiceIncludes detailed and thematic analysis of contemporary debates and key issuesPlaces Australian constitutional features in comparative contextWritten by an expert team drawn from practice, academia, and the judiciary
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Produktdetaljer

ISBN
9780198738442
Publisert
2025
Utgiver
Oxford University Press
Vekt
1754 gr
Høyde
250 mm
Bredde
171 mm
Dybde
53 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
1200

Biografisk notat

Cheryl Saunders is a laureate professor emeritus at Melbourne Law School. Adrienne Stone is a Laureate Professor and Director of the Centre for Comparative Constitutional Studies at Melbourne Law School.