The Oxford Handbook of the Australian Constitution

Cheryl Saunders, Adrienne Stone

The Oxford Handbook of the Australian Constitution

Cheryl Saunders, Adrienne Stone

ISBN:

9780198738435

Binding:

Hardback

Published:

28 Mar 2018

Availability:

Print on demand

Series:

$318.00 AUD

$363.99 NZD

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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.

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

Authors

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.