Suchergebnisse

It has been seven years since the publication of the 6th edition of Professor Zines's classic book on Australian constitutional law, The High Court and the Constitution. In that time the High Court has handed down a range of important decisions transforming, extending and developing existing constitutional law principles. The 7th edition of the book, by Professor James Stellios, contains analysis and critique of the High Court's jurisprudence over that period. Revisions have been made to almost all chapters to update the existing law.

Half-Title Page -- Title Page -- Copyright Page -- List of Chapters -- Contents -- Preface -- Table of Cases -- 1 The Struggle for Standards -- The vision of Sir Samuel Griffith -- The vision of Isaacs and Higgins: the Engineers' case -- Criticism of the Engineers' case -- The rules of statutory interpretation -- The result of the Engineers' case -- 2 Characterisation: The Subject Matter of a Power -- The meaning of the subject matter -- Connotation and denotation -- The relationship of Commonwealth powers to each other -- "with respect to" -- Direct legal operation and legislative purpose -- The taxation power and Barger's case -- Critique -- 3 Characterisation: Matters Incidental to the Subject of a Power -- The principle of incidental powers -- Ends and means -- Proportionality -- The attempt to reformulate the principle of incidental powers -- State power as a relevant factor -- Freedom as a relevant factor -- Social facts and legislative history as relevant factors -- "Protection" of subject matter -- Critique -- 4 Incidental Power: Trade and Commerce -- The commerce power in the United States -- The commerce power in Australia -- Production -- Intrastate trade -- Effects on intrastate trade irrelevant to characterisation -- Critique -- 5 The Corporations Power -- The early view -- The use of the corporations power to control corporate activity -- "trading or financial corporations" -- The scope of s 51(xx) in relation to activities of corporations -- Laws operating on individuals -- Conclusion: The corporations power and corporate activity -- The creation and internal structure of corporations -- The internal management of corporations -- 6 Section 92: The Search for a Theory -- "Free trade" v "individual right" -- Comment on the free trade view -- The abandonment of the free trade view -- The re-emergence of the "individual right" view.

40th Anniversary of the Federal Court of Australia - Dinner Speech / Sir Gerard Brennan AC KBE GBS -- 1. The Role and Future of the Federal Court within the Australian Judicial System / Chief Justice James Allsop -- 2. Excellence, Innovation and Courtesy: Federal Court Procedure and Modernity / Peta Spender -- 3. The Federal Court of Australia and Extra-judicial Work / Fiona Wheeler -- 4. A Short History of the Federal Court's Anti-Discrimination Jurisdiction / Justice Debbie Mortimer -- 5. The Federal Court and Administrative Law: How Does the Court Deal with Findings of Fact on Judicial Review? / Justice Alan Robertson -- 6. The Federal Court and Constitutional Law / Justice John Griffiths and James Stellios -- 7. The Development of Australian Private International Law / Mary Keyes -- 8. Misleading Conduct before the Federal Court: Achievements and Challenges / Elise Bant and Jeannie Marie Paterson -- 9. Developing Australia's Competition Law: The Federal Court's Contribution / Russell Miller -- 10. The Federal Court's Jurisdiction in Intellectual Property / Justice Andrew Greenwood -- 11. The Gatekeeper Court: For the Revenue or For the Taxpayer? / Rachel Davies and Miranda Stewart -- 12. The Federal Court and Native Title Law / Mick Dodson -- 13. Corporations and Corporate Insolvency Jurisdiction of the Federal Court - From Passer-by to Chameleon Lodger / Justice Michelle Gordon -- 14. Remedies / Justice William Gummow -- 15. The Law of Admiralty: An Ancient Regime in a Modern Era / Justice Neil McKerracher -- 16. The Federal Court's Contribution to Australian Workplace Law / Joellen Riley -- 17. Federal Indictable Offences: Has the 'Autochthonous Expedient' Run its course / Justice Mark Weinberg -- 18. The Federal Trajectory of Australian Law / Jeremy Kirk

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.

The Australian High Court has implied from Chapter III of the Constitution significant protections for judicial independence and fair trial processes. In the last 25 years, these protections have been extended to the judiciaries of the Australian States with often-overlooked consequences for the operation of the Australian federation. Chapter III protections perform an important role in safeguarding individual liberties in a system largely bereft of constitutional rights protections. But they have also frustrated, or mandated substantial amendment to, a number of legislative initiatives. Unsurprisingly then, Chapter III is the site of significant constitutional disagreement. Australia's second century has heralded heightened tension between governments and the courts over the proper scope of the limitations derived from Chapter III. These limits are some of the most dynamic in Australian constitutional law. To inform and illuminate these ongoing debates, Judicial Federalism in Australia: History, Theory, Doctrine and Practice will provide a holistic analysis of the federal influence of Chapter III. It considers the historical underpinnings of the Chapter, tracing its development from the colonial justice system through the convention debates and into the first years of Federation. It then provides an overview of the theoretical and doctrinal development of Australia's Chapter III jurisprudence as it relates to the States and Territories and how it has affected the operation of the federation. Finally, the book will provide, for the first time, an empirical study of the effect of the Court's Chapter III jurisprudence on the development of State and Territory policies, focusing on anti-organised crime initiatives, the introduction of administrative super tribunals and specialist courts such as drug courts and Indigenous sentencing courts