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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Australian Constitutional Law: Foundations and Theory 3rd ed isbn 9780195519037

Australian Constitutional Law 2nd ed


ISBN13: 9780195550443
ISBN: 0195550447
New Edition ISBN: 9780195519037
Previous Edition ISBN: 0195510054
Published: December 2006
Publisher: Oxford University Press
Country of Publication: Australia
Format: Paperback
Price: Out of print



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)

Subjects:
Other Jurisdictions , Australia
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