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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Blackshield and Williams Australian Constitutional Law and Theory: Commentary & Materials 6th ed isbn 9781862879188

Australian Constitutional Law and Theory: Commentary & Materials 5th ed

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ISBN13: 9781862877733
New Edition ISBN: 9781862879188
Previous Edition ISBN: 9781862875852
Published: March 2010
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: Out of print



The fifth edition of Australian Constitutional Law and Theory: Commentary and Materials has been thoroughly rewritten. Each chapter has thoroughly reviewed by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholar­ship.

The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Major new developments have been included by cutting back existing material to focus in more tightly on the key constitutional issues.

As this list indicates, the fifth edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane and Wurridjal.

Significant changes in this new edition include:-

  • A rewritten first chapter to provide a more accessible introduction to the subject
  • A rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and material
  • The separation out of the material on the trade and commerce power into a new chapter on the economic powers
  • Major changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous Peoples
  • Changes to reflect legislative amendment in areas like citizenship law
  • Rewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental
  • Agreement on Federal Financial Relations in force from 1 January 2009
  • New material on the defence power as it relates to terrorism and national security
  • New material on the executive, such as in regard to the Crown and the nationhood power
  • The division of the material on the separation of judicial power into three chapters (titled: Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)
  • Revision of the material on human rights, such as to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities

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Subjects:
Other Jurisdictions , Australia
Contents:
Foundations
The Westminster Constitution
Path to Independence
Indigenous Peoples
The Federal System
The Engineers’ Case
Constitutional Interpretation
Inconsistency
Federal Parliament
State Constitutions
The Executive
The High Court
The Separation of Judicial Power
Judicial and Non-Judicial Detention
The Judicial Process
Characterisation
Economics Powers
Defence Power
International Law and the External Affairs Power
The Immigration and Aliens Powers
The Races Power
The Industrial Relations Power
Taxation and Excise
Appropriation and Grants
Intergovernmental Immunities
Civil and Political Freedoms
Economic Freedoms
Freedom of Political Communication
Freedom of Political Communication Applied
Constitutional Change
Appendices