Administrative / Constitutional Law

The Federal Judicature Chapter III of the Constitution Commentary and Cases

By James Stellios
LexisNexis Australia February 2010

Specifications

ISBN-13
9780409325829
Publisher
LexisNexis Australia
Publication
February 2010
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

A unique and accessible introduction to the federal judicial system established by Chapter III of the Constitution.

Chapter III of the Constitution is at the centre of the constitutional structures of government in Australia. Its provisions create the federal judicature and define the way in which it operates. Its interpretation has had a pivotal role in the design and operation of all institutions of government at the Federal, State and Territory levels. However, despite its central place in Australia's constitutional framework, Chapter III is not widely understood. This book is designed as an introduction to this important part of the Constitution.

Important Features:

· Extracts from cases and other materials
· Commentary to provide the context for, reflections on and critique of High Court judgments

Table of Contents

· The Crown and the Federal Judicature
· The Federal Judicature as the Third Great Arm of State
· Defining Judicial Power
· Exclusive Exercise of Judicial Power and Exceptions
· Due Process and Equality Before the Law
· Original Jurisdiction
· Federal, State and Territory Courts · Exercising Federal Jurisdiction
· The Law Applicable in Federal Jurisdiction
· High Court's Appellate Jurisdiction
· Section 80 Jury Trials

About the Author

James Stellios is an Associate Professor at the ANU College of Law. His primary research interest is constitutional law, a field in which he has published extensively. He is also a Consultant to Clayton Utz.

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