Administrative / Constitutional Law

Australian Constitutional Law 2nd Edition

By Suri Ratnapala
Oxford University Press December 2006

Specifications

ISBN-13
9780195550443
Publisher
Oxford University Press
Publication
December 2006
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Australian Constitutional Law: Foundations and Theory explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism and fundamental rights.

This second edition is fully revised and updated to cover recent critical developments in Australian constitutional law. They include judicial precedents on:-

  • Indefinite judicial detention of prisoners (Fardon, Baker)
  • Potential expansion of the inherent and prerogative powers of the executive (MV Tampa)
  • Privative clauses limiting federal original jurisdiction. (Abebe, Plaintiff S157)
  • Cross-vesting and accrued jurisdiction –the post Wakim developments
  • Taxation - recovery of costs of migration detention (Qureshi) and fees for air services (Airservices Australia)
  • Limits on free speech (Coleman v Power)
  • Judicial power – directing courts on evidence (Nicholas v The Queen)
  • Developments in acquisitions power (Smith v ANL)
  • Disqualifications for election to parliament (Sue v Hill)

Table of Contents

Contents:
1. The Idea of a Constitution
2. The Parliamentary System of Government: the idea of a responsible executive
3. The role of the Upper House in Parliamentary Democracy
4. The Representative Principle in Australian Constitutionalism
5. Separation of Powers: Australia’s asymmetrical model
6. Separation of judicial and non-judicial powers: defining judicial power
7. Rules the Separate Judicial and Non-judicial Powers
8. Rules of Separation: the exceptions
9. Interpreting Commonwealth Powers: from the model of reserved powers to the model of limited powers
10. The Economic Provisions
11. Constitutional Rights
12. Constitutional Change
Index
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