Federal Constitutional Law: A Contemporary View, 5th Edition

Author: Sarah Joseph; Melissa Castan
Publisher: Lawbook Co.
ISBN: 9780455241449
Published In: July 2019
Format: Paperback , 626 pages
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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This fifth edition of Federal Constitutional Law: A Contemporary View continues the book’s tradition of revealing the difficult discipline of Australian federal constitutional law in an analytical, accessible and engaging way. The authors, Professor Sarah Joseph and Associate Professor Melissa Castan examine contemporary perspectives, the latest developments and likely future directions of constitutional law, and supplement essential primary materials with their narrative-style commentary, in a comprehensive, well organised and reader focussed presentation.

Features of this edition include:

accessible, reader-friendly commentary and layout;
straightforward explanations and analysis;
developments in disqualification from Parliament, executive power including powers to detain, separation of judicial power, inconsistency, the federal power to spend, implied freedom of political speech, the right to vote, proportionality, and Indigenous issues;
extracts and analysis of the latest cases, including McCloy v NSW (2015), Murphy v Electoral Commissioner (2016), Brown v Tasmania (2017), Tajjour v NSW (2014), Kuczborski v Queensland (2014), Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015), Duncan v Independent Commission Against Corruption (2015), North Australian Aboriginal Justice Agency Limited v Northern Territory (2015), Burns v Corbett (2018), Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016), Day v Australian Electoral Officer for the State of South Australia (2016), A-G (NT) v Emmerson (2014), Re Day [No 2] (2017), Alqudsi v The Queen (2016), Cunningham v Commonwealth of Australia (2016), Re Culleton (2017), Re Canavan (2017). Re Gallagher (2018), Palmer v Ayres (2017), Knight v Victoria (2017), Plaintiff S195/2016 v Minister for Immigration and Border Protection (2017), Wilkie v Commonwealth (2017), and Williams v Commonwealth (no 2) (2014).

Federal Constitutional Law: A Contemporary View, 5th Edition is the leading text on federal constitutional law in Australia. It is a considered and scholarly understanding of the Australian federal Constitution, an essential companion to today’s students, researchers and practitioners of Australian constitutional law.

1 Introduction

2 Characterisation of Commonwealth Laws

3 The Corporations Power

4 The External Affairs Power

5 The Commonwealth Executive

6 Separation of Judicial Power

7 Inconsistency

8 Intergovernmental Immunities

9 Excise Duties

10 Spending Government Revenue – The Grants and Appropriations Powers

11 Freedom of Interstate Trade, Commerce and Intercourse

12 Express Rights