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Zines and Stellios’s The High Court and the Constitution 7th Edition

Zines and Stellios’s The High Court and the Constitution 7th Edition

Author: James Stellios
Publisher: The Federation Press
ISBN: 9781760023706

Previous Edition ISBN: 9781760020248
Published In: August 2022
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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. The most significant revisions relate to:

The new developments on the implied freedom of political communication, including the adoption of structured proportionality;
The alignment of the intercourse and trade and commerce limbs of s 92 in the context of border closures to address the COVID-19 pandemic, and the acceptance of structured proportionality in that context;
The acceptance of a reciprocal intergovernmental immunities doctrine;
The High Court’s continuing development of Chapter III principles;
The interpretative method of the Court, including in cases on dual citizenship; and
The updated analysis of principles of characterisation, particularly in relation to the aliens power and incidental power.

1. The Struggle for Standards

2. Characterisation: The Subject Matter of a Power

3. Characterisation: Matters Incidental to the Subject of a Power

4. Incidental Power: Trade and Commerce

5. The Corporations Power

Section 92: The Search for a Theory

Section 92: The “Individual Right” Theory

Section 92: The Triumph of the Free Trade Theory

9. The Separation of Powers

10. The Judicial Power of the Commonwealth

11. “The Stream Cannot Rise Above its Source” – The Doctrine in the Communist Party Case

12. The Crown and the Executive Government