Judicial Federalism In Australia
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| Author | : Gabrielle Appleby |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Public law |
| ISBN | : 9780195525656 |
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
| Author | : Nicholas Theodore Aroney |
| Publisher | : University of Toronto Press |
| Total Pages | : 598 |
| Release | : 2017-04-24 |
| Genre | : Law |
| ISBN | : 1487511485 |
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
| Author | : Gerald Baier |
| Publisher | : University of British Columbia Press |
| Total Pages | : 207 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780774812368 |
Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.
| Author | : Nicholas Aroney |
| Publisher | : Cambridge University Press |
| Total Pages | : 697 |
| Release | : 2015-09-11 |
| Genre | : Law |
| ISBN | : 0521759188 |
This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
| Author | : Cheryl Saunders |
| Publisher | : Oxford University Press |
| Total Pages | : 1201 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198738439 |
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.
| Author | : Katy Le Roy |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 414 |
| Release | : 2006-09-19 |
| Genre | : Law |
| ISBN | : 0773560149 |
Comparative studies examine the constitutional design and actual operation of governments in Argentina, Australia, Austria, Canada, Germany, India, Nigeria, Russia, South Africa, Switzerland, and the United States. Contributors analyze the structures and workings of legislative, executive, and judicial institutions in each sphere of government. They also explore how the federal nature of the polity affects those institutions and how the institutions in turn affect federalism. The book concludes with reflections on possible future trends.
| 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 | : Christopher P. Banks |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 363 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0742535045 |
Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
| 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 | : Anne Twomey |
| Publisher | : NSW Sesquicentenary of Responsible Government |
| Total Pages | : 490 |
| Release | : 2010 |
| Genre | : Australia |
| ISBN | : 9781862878075 |
The Australia Acts, one enacted in Australia and the other in the United Kingdom, are fundamental constitutional documents for Australia: they terminated the remaining constitutional links between the two countries. Negotiated behind closed doors, little has been known of their background and purpose.Using previously confidential documents, this book reveals what was intended, what was disputed and what was rejected. It analyses each provision, its background, objectives, drafting changes and its current operation. It also provides a close analysis of the power to enact the Australia Acts, the validity of the provisions and their impact on the Crown and Australia's independence.The book addresses fundamental historical, political and constitutional matters, such as:the current basis for Australian sovereignty and the binding nature of the Constitution the relationship between federalism and the Crownthe status of the Queen of Australia and whether there is also a separate Queen of each State, and the source of the power to amend Australia's constitutional documents and the limits on its exercise. It is also essential for those who need to ascertain the extent of State legislative power, including:the reach of the extra-territorial power of the States and whether a nexus is neededwhether the States can constitutionally entrench laws, such as a bill of rightswhy the States cannot abdicate or limit the scope of their legislative powerswhether the States can apply the Australia Acts with retrospective effect to validate defective State laws.
