The Oxford Handbook of the Australian Constitution

by Saunders, Cheryl; Stone, Adrienne

• ISBN13: 9780191801730
• ISBN10: 0191801739
• Format: eBook
• Copyright: 2018-11-07
• Publisher: Oxford University Press

Summary

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.

Author Biography

Cheryl Saunders, laureate professor emeritus, University of Melbourne,Adrienne Stone, Professor of Law, ARC Kathleen Fitzpatrick Laureate Fellow, Director, Centre for Comparative Constitutional Studies, University of Melbourne

Cheryl Saunders is a Laureate Professor Emeritus at Melbourne Law School, She has specialist interests in Australian and comparative public law, including comparative constitutional law and methods, intergovernmental relations and constitutional design and change, on all of which she has written widely.
Professor Saunders is a President Emeritus of the International Association of Constitutional Law, a former President of the International Association of Centres for Federal Studies, a former President of the Administrative Review Council of Australia and a senior technical advisor to the Constitution Building program of International IDEA. Professor Saunders was the founding Director of the Centre for Comparative Constitutional Law. She has held visiting positions in law schools in many parts of the world.

Professor Adrienne Stone holds a Chair at Melbourne Law School where she is also an ARC Kathleen Fitzpatrick Laureate Fellow and Director of the Centre for Comparative Constitutional Studies.
Professor Stone researches in constitutional law and constitutional theory with particular attention to freedom of expression; the theoretical underpinnings of rights and judicial method in constitutional cases. She has published widely on these topics. Her Laureate Fellowship on the theme 'Balancing Diversity and Social Cohesion in Democratic Constitutions' investigates how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society.
She is First Vice President of the International Association of Constitutional Law; Vice President of the Australian Association of Constitutional Law and is an elected Fellow of the Australian Academy of Law.

Table of Contents

Foreword, Sir Anthony Mason
Introduction, Adrienne Stone and Cheryl Saunders
Part I: Foundations
1. Settlement, John Waugh
2. Federation, Susan Crennan
3. Independence, Anne Twomey
4. Evolution, Susan Kenny
5. Recognition and Reconciliation, Sean Brennan and Megan Davis
6. Ideas, Patrick Emerton
Part II: Constitutional Domain
7. Rule of Law, Kenneth Hayne
8. Common Law, William Gummow
9. Unwritten Rules, Gabrielle Appleby
10. International Law, Stephen Donoghue
11. Comparative Law, Justice 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, Justice 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, Justice Debbie Mortimer
Part IV: Federalism
30. Design, Nicholas Aroney
31. Power, Justice Mark Leeming
32. Money, Justice Stephen McLeish
33. Co-operation, Chief Justice 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