The Oxford Handbook of the Australian Constitution (Oxford Handbooks)

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. Part I: Foundations. 1. First Peoples / Sean Brennan And Megan Davis -- 2. Settlement / John Waugh -- 3. Federation / Susan Crennan -- 4. Independence / Anne Twomey -- 5. Evolution / Susan Kenny -- 6. Ideas / Patrick Emerton -- Part Ii: Constitutional Domain. 7. Rule Of Law / K M Hayne -- 8. Common Law / William Gummow -- 9. Unwritten Rules / Gabrielle Appleby -- 10. International Law / Stephen Donoghue -- 11. Comparative Law / 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 / 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 / Debbie Mortimer -- Part Iv: Federalism. 30. Design / Nicholas Aroney -- 31. Power / Mark Leeming -- 32. Money / Stephen Mcleish -- 33. Co-operation / 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. Edited By Cheryl Saunders, Adrienne Stone. Includes Bibliographical References And Index. La jaquette indique : "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." Résumé éditeur : "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." The Oxford Handbook of the Australian Constitution 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 a global perspective. Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The chapters 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 ‘Rights’ The Oxford Handbook of the Australian Constitution 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 a global perspective. Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australianlife. --Résumé de l'éditeur Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.