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The Oxford Handbook of the Australian Constitution

The Oxford Handbook of the Australian Constitution

By Cheryl Saunders, Adrienne Stone

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.

Constitutions 

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  • Full description

    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.

     

  • About the author

    Edited by Cheryl Saunders, Laureate Professor Emeritus, University of Melbourne and Adrienne Stone, Professor of Law, ARC Kathleen Fitzpatrick Laureate Fellow, Director, Centre for Comparative Constitutional Studies, University of Melbourne.

    Cheryl Saunders is a Laureate Professor Emeritus at Melbourne Law School. She has specialist interests in Australian and comparative public law, including comparative constitutional law and methods, intergovernmental relations and constitutional design and change, on all of which she has written widely. Professor Saunders is a President Emeritus of the International Association of Constitutional Law, a former President of the International Association of Centres for Federal Studies, a former President of the Administrative Review Council of Australia and a senior technical adviser to the Constitution Building program of International IDEA. Professor Saunders was the founding Director of the Centre for Comparative Constitutional Law. She has held visiting positions in law schools in many parts of the world. Professor Adrienne Stone holds a Chair at Melbourne Law School where she is also an ARC Kathleen Fitzpatrick Laureate Fellow and Director of the Centre for Comparative Constitutional Studies.

    Professor Stone researches in constitutional law and constitutional theory with particular attention to freedom of expression, the theoretical underpinnings of rights and judicial method in constitutional cases. She has published widely on these topics. Her Laureate Fellowship on the theme 'Balancing Diversity and Social Cohesion in Democratic Constitutions' investigates how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. She is First Vice President of the International Association of Constitutional Law, Vice President of the Australian Association of Constitutional Law, and is an elected Fellow of the Australian Academy of Law.

  • Product details

    ISBN: 9780198738435

    Published: 2018

    Format: Hardcover

     

  • Table of contents

    Anthony Mason: Foreword

    Adrienne Stone and Cheryl Saunders: Introduction

     

    Part 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: Ideas

     

    Part 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 Constitutions

     

    Part 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 Order

     

    Part 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 Adjudication

     

    Part 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 Law

     

    Part VI: 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 Jurisdiction

     

    Part 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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