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The Oxford Handbook of the Australian Constitution

The Oxford Handbook of the Australian Constitution

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198738442
  • Published In: February 2025
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780198738435

List Price: HKD 519.87

HKD 504.27 Save HKD 15.60 (3%)

Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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Hong Kong: free delivery (order over HKD 1000)
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  • Description 
  • Contents 

Details

Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective.

The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.'

Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

Foreword, Sir Anthony Mason
Introduction, Adrienne Stone and Cheryl Saunders

Part I: Foundations
1: Settlement, John Waugh
2: Federation, Susan Crennan
3: Independence, Anne Twomey
4: Evolution, Susan Kenny
5: Recognition and Reconciliation, Sean Brennan and Megan Davis
6: Ideas, Patrick Emerton

Part II: Constitutional Domain
7: Rule of Law, Kenneth Hayne
8: Common Law, William Gummow
9: Unwritten Rules, Gabrielle Appleby
10: International Law, Stephen Donoghue
11: Comparative Law, Justice Stephen Gageler
12: State Constitutions, Gerard Carney

Part III: Themes
13: Legitimacy, Brendan Lim
14: Citizenship, Elisa Arcioni
15: Constitutionalism, Jeffrey Goldsworthy and Lisa Burton Crawford
16: Republicanism, John Williams
17: Unity, William Gummow
18: Australia in the International Legal Order, Hilary Charlesworth

Part IV: Practice and Process
19: Authority of the High Court of Australia, Kristen Walker
20: Judicial Reasoning, Adrienne Stone
21: Standards of Review, Justice Susan Kiefel
22: Justiciability and Relief, Jeremy Kirk
23: Techniques of Adjudication, Peter Hanks and Olaf Ciolek

Part V: Separation of Powers
24: Parliaments, Amelia Simpson
25: Executives, Terence Daintith and Yee-Fui Ng
26: Legislative and Executive Power, Cheryl Saunders
27: Judicature and Jurisdiction, Nicholas Owens
28: Separation of Judicial Power, Michelle Foster
29: Constitutionalization of Administrative Law, Justice Debbie Mortimer

Part IV: Federalism
30: Design, Nicholas Aroney
31: Power, Justice Mark Leeming
32: Money, Justice Stephen McLeish
33: Co-operation, Chief Justice Robert French
34: Economic Union, Justin Gleeson
35: Federal Principle, Michael Crommelin
36: Federal Jurisdiction, James Stellios

Part VII: Rights
37: Rights Protection in Australia, Scott Stephenson
38: Due Process, Fiona Wheeler
39: Expression, Adrienne Stone
40: Political Participation, Joo-Cheong Tham
41: Property, Lael Weis
42: Religion, Carolyn Evans
43: Equality, Denise Meyerson
44: Legality, Dan Meagher

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