Australian Constitutional Law and Theory: Commentary & Materials 5th ed
Published: March 2010
Publisher: The Federation Press
Country of Publication: Australia
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