Preface | p. x |
Table of Cases | p. xii |
Table of Statutes | p. xxi |
Introducing Australian Public Law | p. 1 |
The Idea of Public Law | p. 3 |
Introduction | p. 4 |
The predominance of states | p. 4 |
Sovereignty and the origin of law's authority | p. 6 |
The nature of Law | p. 7 |
The breadth of public law | p. 9 |
The rule of law | p. 18 |
The values underpinning public law | p. 21 |
The Development of Public Law in Australia | p. 26 |
Introduction | p. 27 |
Inauspicious beginnings | p. 28 |
The assertion of British sovereignty | p. 29 |
The British system of public law | p. 32 |
The development of key institutions | p. 35 |
Making its own way: federation | p. 41 |
Post-federation developments | p. 45 |
The People and their Government | p. 49 |
Democracy and Representative Government | p. 51 |
Introduction | p. 52 |
Participation and deliberation in a democracy | p. 53 |
Effective democratic representation | p. 54 |
The foundations of representative government | p. 56 |
Free speech and democracy | p. 67 |
Protecting Australia's democracy | p. 70 |
Conclusion | p. 77 |
Parliamentary Process and Legislative Power | p. 79 |
Introduction | p. 80 |
Australian Parliaments | p. 80 |
Parliamentary privileges | p. 81 |
Parliamentary sovereignty | p. 83 |
Legislative power in the Australian federation | p. 92 |
The relationship between the houses of Parliament | p. 98 |
Parliament and the Executive: the quest for control | p. 101 |
Parliamentary committees | p. 104 |
Conclusion | p. 107 |
The Administrative State | p. 109 |
The Executive | p. 111 |
Introduction | p. 112 |
The Executive, executive power and accountability | p. 112 |
Executive power | p. 115 |
Regulating executive power: the Legislature | p. 129 |
Conclusion | p. 131 |
Executive Accountability | p. 133 |
Introduction | p. 134 |
Classifications of accountability | p. 135 |
Parliamentary accountability | p. 139 |
Judicial accountability | p. 145 |
Executive accountability | p. 148 |
Public accountability | p. 160 |
Conclusion | p. 166 |
The Courts167 | |
The Judiciary and the Separation of Judicial Power | p. 169 |
Introduction | p. 170 |
Judicial power and the High Court | p. 170 |
The separation of powers | p. 176 |
Chapter III of the Constitution | p. 179 |
Principles derived from the separation of judicial power | p. 184 |
Rights, freedoms and implied guarantees | p. 192 |
Conclusion | p. 193 |
Judicial Review and the Rule of Law | p. 194 |
Introduction | p. 195 |
Judicial review | p. 197 |
The constitutional entrenchment of judicial review | p. 199 |
Adapting foundational principles | p. 203 |
The relevance of policy and rights considerations | p. 209 |
Conclusion | p. 212 |
The Internationalisation of Australian Public Law | p. 213 |
Public International Law | p. 215 |
Introduction: national law and international law | p. 216 |
The nature of international law | p. 217 |
The UN system | p. 218 |
Other influential bodies in the international sphere | p. 226 |
How is international law made? | p. 227 |
A distinct and separate paradigm? | p. 232 |
International Law and the Australian Legal System | p. 235 |
Introduction | p. 236 |
Dualism, federalism and the Constitution | p. 237 |
International law and the Executive | p. 240 |
International law and the Legislature | p. 243 |
International law and the Judiciary | p. 245 |
Conclusion | p. 256 |
Issues in Australian Public Law259 | |
Human Rights in Australia | p. 261 |
Introduction: complacency and misinformation | p. 262 |
The national emergence of rights | p. 263 |
The international emergence of rights | p. 264 |
Human rights at the federal level | p. 269 |
Emerging human rights jurisprudence | p. 279 |
The Victorian Charter: a case study | p. 281 |
Current national debate and recommendations | p. 287 |
Conclusion | p. 290 |
Indigenous Peoples and Australian Public Law | p. 292 |
Introduction | p. 293 |
Who is an Indigenous Australian? | p. 293 |
The question of sovereignty | p. 295 |
Responsibility for Indigenous policy | p. 298 |
Basis for Indigenous claims | p. 300 |
Types of Indigenous claims | p. 302 |
Protecting Indigenous rights | p. 317 |
Conclusion | p. 319 |
Safeguarding Australia | p. 321 |
Introduction: the role of the state | p. 322 |
Legislative and executive responses to threats | p. 325 |
The public law framework | p. 338 |
Conclusion | p. 344 |
Appendix: The Australian Constitution | p. 346 |
Index | p. 384 |
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