The Oxford Handbook of the Australian Constitution
Cheryl Saunders, Adrienne Stone
Also available as:
$95.95 AUD
- ISBN:
- 9780198738442
- Published:
- 23 Jul 2025
- Availability:
- 17
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.
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 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 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
Edited by Cheryl Saunders , University of Melbourne
Adrienne Stone , University of Melbourne
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.
"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