The Oxford Handbook of the Australian Constitution
Series: Oxford Handbooks in Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 February 2025
- ISBN 9780198738442
- Binding Paperback
- No. of pages1200 pages
- Size 250x171x53 mm
- Weight 1754 g
- Language English 750
Categories
Short description:
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.
MoreLong 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.
'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.'
Table of Contents:
Foreword
Introduction
Part I: Foundations
First Peoples
Settlement
Federation
Independence
Evolution
Ideas
Part II: Constitutional Domain
Rule of Law
Common Law
Unwritten Rules
International Law
Comparative Law
State Constitutions
Part III: Themes
Legitimacy
Citizenship
Constitutionalism
Republicanism
Unity
Australia in the International Legal Order
Part IV: Practice and Process
Authority of the High Court of Australia
Judicial Reasoning
Standards of Review
Justiciability and Relief
Techniques of Adjudication
Part V: Separation of Powers
Parliaments
Executives
Legislative and Executive Power
Judicature and Jurisdiction
Separation of Judicial Power
Constitutionalization of Administrative Law
Part IV: Federalism
Design
Power
Money
Co-operation
Economic Union
Federal Principle
Federal Jurisdiction
Part VII: Rights
Rights Protection in Australia
Due Process
Expression
Political Participation
Property
Religion
Equality
Legality
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