The Law of Australia: Home

Australia's constitutions tell only part of the story. They omit or barely mention many of the essential and well-known elements of the system of government, such as the cabinet, the prime minister or premier, ministerial responsibility or the opposition. This work fills that void by explaining the nature of conventions, how they arise, how they are altered, as well as their operation and development.

Australian Constitutional Law: Foundations and Theory, 3e explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism and fundamental rights. In this third edition, the book has been fully revised and expanded. The expansion has allowed wider coverage of: Australian Constitutionalism; Interpretation of the Constitution; Federal-State relations; International powers of the Commonwealth; and Trade, Commerce and Industrial Relations. Major developments in federal and State constitutional law receive critical discussion in this edition. They include: Constitutional entrenchment of the supervisory jurisdiction of State Supreme Courts, Strengthening of the separation of powers in the States through the doctrine of institutional integrity of courts, Further clarifications on the judicial power of the Commonwealth, Constitutional rules governing military courts, Recognition of adult suffrage as a general constitutional rule, Constitutionality of the Victorian Charter of Rights, Recognition of the demand side in the freedom of interstate trade and commerce, Extension of the just terms requirement to property acquisitions in the Territories and to regulatory takings, Determining the limits of the use of federal and State courts in counter-terrorism and prevention of organised crime, Limits on taxation power derived from the rule in the Melbourne Corporation Case, Expansion of the corporations power into the field of industrial relations, Clarifications on appropriation and spending powers.

Consistent with the aims of the Constitutional Systems of the World series, this 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 * multi-level government * rights protection. Running through all the 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 US 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. Each chapter includes additional references to enable particular issues to be pursued further. The book will be of interest to academics and students interested in constitutional and comparative constitutional law, as well as politics.

Human Rights under the Australian Constitution is the leading text on how the Australian Constitution protects human rights. It provides a comprehensive overview and analysis of the key public law principles, including the full range of express and implied rights in the Australian Constitution. It does this within a broader context, including the drafting and origins of the Australian Constitution and the interaction of constitutional principles with the common law, statute law and international law. The Australian position is examined in light of developments in comparable legal systems, including the United States, Canada, the United Kingdom and New Zealand. The result is a thorough work that examines in context areas of law of great importance to Australian democracy, including freedom of speech, the right to vote, freedom of religion, the acquisition of property on just terms, judicial independence and the right to a fair trial.