Suchergebnisse

Introduction -- Legislative interference in the pending case scenario : the foundation of principle and the Australian position -- Legislative interference with judicial functions : the jurisprudence of the United States, evaluation of principle, and towards resolution -- The separation of powers and final judgments : defining the principle limiting legislative revision of final judgments -- Qualifications to the inviolability of final judgments and final summation -- Protections afforded decisional independence in jurisdictions without an entrenched separation of powers

The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution's inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court's interpretation of the Constitution in a manner that follows the Constitution's own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

Part I. Introduction -- 1. Constitutional fundamentals -- 2. States -- Part II. The executive power of the Commonwealth -- 3. The executive power of the Commonwealth and the executive branch -- Part III. The legislative power of the Commonwealth -- 4. Inconsistency -- 5. Commerce and corporations -- 6. External affairs and defence -- 7. Commonwealth financial powers -- 8. Freedom of interstate commerce -- 9. Excise duties -- 10. Express rights and freedoms -- 11. Implied rights and freedoms -- 12. Intergovernmental immunities -- Part IV. The judicial power of the Commonwealth -- 13. The separation of judicial power -- 14. Constitutional interpretation.