Constitution Of The Australian Communist Party
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| Author | : H. P. Lee |
| Publisher | : Cambridge University Press |
| Total Pages | : 476 |
| Release | : 2004-01-12 |
| Genre | : Law |
| ISBN | : 9781139450355 |
Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.
| Author | : Alastair Davidson |
| Publisher | : |
| Total Pages | : 236 |
| Release | : 1969 |
| Genre | : Political Science |
| ISBN | : |
| Author | : Lisa Burton Crawford |
| Publisher | : |
| Total Pages | : 224 |
| Release | : 2017-04-27 |
| Genre | : Australia |
| ISBN | : 9781760021337 |
* The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.
| Author | : Andrew Lynch |
| Publisher | : Cambridge University Press |
| Total Pages | : 393 |
| Release | : 2016-09-08 |
| Genre | : Law |
| ISBN | : 1107158532 |
This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
| Author | : Beverley Symons |
| Publisher | : National Library Australia |
| Total Pages | : 294 |
| Release | : 1994 |
| Genre | : History |
| ISBN | : 9780642106254 |
This bibliography covers the 70 years of existence of the Communist Party in Australia . The material listed relates not only to the CPA but to its allied and breakaway movements from 1920 to 1991. Contains over 3400 references and includes a name index.
| Author | : Leicester Webb |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1954 |
| Genre | : Communism |
| ISBN | : |
| Author | : Anthony Blackshield |
| Publisher | : |
| Total Pages | : 1474 |
| Release | : 2006-01 |
| Genre | : Law |
| ISBN | : 9781862875852 |
The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other changes have been made in order to restructure the book and to provide room for the substantial new material. Overall, the book is roughly the same length as the last edition due to cuts and streamlining. This has also involved rethinking the placement of some material, such as to group together the grants and appropriations powers of the Commonwealth. The material dealing with human rights has been substantially restructured with the chapters dealing with the implied freedom of political communication rewritten to take account of new developments and to provide space for major new cases. The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.
| Author | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
| Author | : Rosalind Dixon |
| Publisher | : Cambridge University Press |
| Total Pages | : 369 |
| Release | : 2015-02-26 |
| Genre | : Law |
| ISBN | : 1316276783 |
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
| Author | : Luke Beck |
| Publisher | : Cambridge University Press |
| Total Pages | : 783 |
| Release | : 2023-11-30 |
| Genre | : Law |
| ISBN | : 1009326619 |
An understanding of the Australian Constitution as a framework for government in Australia is critical for any law student interested in ensuring that the rule of law is upheld. Australian Constitutional Law: Concepts and Cases provides an accessible introduction to Australian constitutional law, integrating theory and doctrine. This book provides clear explanations and carefully selected case extracts that are structured conceptually, rather than chronologically, to enable students to understand both the current state of constitutional law doctrine and how to engage in constitutional reasoning. Discussion questions throughout encourage students to consider how the law has evolved and how it can be applied to hypothetical legislation. The second edition has been updated to include commentary on significant recent High Court decisions and a new chapter that examines the scope of the Commonwealth's power to impose taxation. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law remains an invaluable resource for law students.
