Blackshield and Williams Australian constitutional law and theory : commentary and materials / Rebecca Ananian-Welsh, Sean Brennan, Andrew Lynch, Peta Stephenson, George Williams.

Alexandria, N.S.W. : The Federation Press, 2024.

8th edition

201599

Constitutional law -- Australia.

Constitutional law -- Australia -- Cases.

Part 1: Australian constitutionalism

Chapter 1: Foundations

1. Australia: a constitutional hybrid

2. Political and legal constitutionalism

3. Why are constitutions obeyed?

4. Rule of law

5. Separation of powers

Chapter 2: Origins and influences

1. The evolution of the Westminster constitution

2. Westminster government

3. The constitution of the United States

Chapter 3: Path to independence

1. Colonisation

2. The colonial legislatures

3. Federation

4. The colonial legacy

5. The statute of Westminster

6. Appeals to the privy council

7. The Australia Act

8. Popular sovereignty

Chapter 4: Indigenous peoples

1. Introduction

2. The constitution and the franchise before Mabo (No 2)

3. The significance of Mabo (No 2)

4. Indigenous sovereignty

5. Self-determination

Part 2: Interpretation

Chapter 5: Constitutional interpretation

1. Literalism, legalism and judicial choice

2. The Jumbunna principle

3. The dead hand and the living tree

4. Legal culture, gender and 'different voices'

Chapter 6: Statutory interpretation and constitutional law

1. Intention and the tool to ascertain it

2. The constitutional setting

3. The principle of legality

4. Disposing of constitutional cases

5. Constitutional law and statutory drafting

Part 3: The federal system

Chapter 7: Federalism and the engineers case

1. Australian federalism

2. The division of legislative power

3. Implied immunity of instrumentalities

4. Reserved state powers

5. The engineers case

6. The significance and legacy of engineers

Chapter 8: Australian federalism in practice

1. Intergovernmental relations

2. Co-operative schemes

3. Referrals of power

4. Former powers of the United Kingdom Parliament

5. Federal financial relations

6. Equal treatment of states

Chapter 9: The states

1. State constitutions

2. State legislative power

3. Manner and form requirements

4. Alternative procedures

Chapter 10: The territories

1. The territories

2. Scope of the territories power

3. Limits on the territories power

4. Self-government

Chapter 11: Inconsistency between Commonwealth and state laws

1. Meaning of 'invalid', 'prevail' and 'laws'

2. The concept of inconsistency

3. Manufacturing inconsistency

4. Manufacturing consistency

Part 4: The executive and executive power

Chapter 12: The executive and executive power

1. The Crown

2. The Governor-General

3. The executive power of the Commonwealth

4. Control of the executive

Part 5: The judiciary and judicial power

Chapter 13: The High Court

1. Inception

2. Appointment and removal of judges

3. Jurisdiction

4. Deciding constitutional cases

Chapter 14: Separation of Federal judicial power

1. Federal judicial power may only be exercised by courts

2. Federal courts may only exercise judicial power

3. Defining judicial power

4. Judicial power and administrative tribunals

5. Exceptions to boilermakers

6. Legislative usurpation and interference

Chapter 15: Chapter III and the states

1. The separation of state judicial power

2. Incompatibility and the Kable doctrine

3. Defining and essential characteristics of courts

4. Federal jurisdiction in state courts and tribunals

Chapter 16: Chapter III and restrictions on liberty

1. Foundations: Lim and Kable

2. Protective detention

3. Immigration detention and citizenship revocation

4. Preventative justice

Chapter 17: Judicial process

1. Foundational principles

2. Retrospectivity

3. Equal justice

4. Procedural fairness

Part 6: The parliament and legislative power

Chapter 18: Federal parliament

1. Composition of the Federal parliament

2. Voting and elections

3. Eligibility for election

4. Resolving deadlocks

Chapter 19: Characterisation and proportionality

1. Characterisation

2. Dual characterisation

3. Interaction between heads of power

4. Subject matter and purpose powers

5. Subject matter powers

6. Proportionality – purpose powers, incidental power and limitations

Chapter 20: Economic powers

1. The trade and commerce power

2. The corporations power

Chapter 21: Defence power

1. General principles

2. War

3. Post-war

4. Peace

5. The communist party case

6. Terrorism

Chapter 22: External affairs power

1. Incorporation of international law

2. External affairs

3. Implementing treaties

Chapter 23: Immigration and aliens powers

1. The immigration power

2. Naturalisation and aliens

Chapter 24: Races power

1. The races power from Federation to 1967

2. Towards a Commonwealth power regarding Aboriginal people

3. Special laws deemed necessary for people of any race

4. For the benefit of a race?

5. The legacy of the 1967 referendum

Chapter 25: Taxation and grants

1. The taxation power

2. The grants power

Part 7: Limits on power

Chapter 26: Intergovernmental immunities

1. Intergovernmental immunities

2. State immunity from Commonwealth laws

3. Commonwealth immunity from state laws

Chapter 27: Human rights

1. Human rights

2. Bills of rights

3. Trial by jury

4. Freedom of religion

5. Rights of out-of-state residents

Chapter 28: Economic freedoms

1. Freedom of interstate trade, commerce and intercourse

2. Acquisition of property on just terms

Chapter 29: Freedom of political communication

1. The Murphy catalyst

2. Launch of the implied freedom

3. Expansion and division

4. The implied freedom confirmed

5. Development of the implied freedom

6. The implied freedom after McCloy

7. Movement and association

Part 8: Constitutional change

Chapter 30: Constitutional change

1. Amending the constitution

2. The referendum record

3. An Australian republic

4. Aboriginal and Torres Strait Islander Voice.

Leading constitutional law scholars George Williams, Sean Brennan and Andrew Lynch are joined by Rebecca Ananian-Welsh and Peta Stephenson for the 8th edition of this acclaimed book on Australian constitutional law. The book has been fully revised and updated to include the most recent High Court and overseas decisions, including NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023), Benbrika v Minister for Home Affairs (2023), Farm Transparency International Ltd v New South Wales (2022), Alexander v Minister for Home Affairs (2022), Chetcuti v Commonwealth (2021), Palmer v Western Australia (2021), LibertyWorks Inc v Commonwealth (2021), Love v Commonwealth (2020) and Work Health Authority v Outback Ballooning (2019) and Spence v Queensland (2019). Key features of the new edition: a new executive summary at the start of each chapter introducing readers to key points; a two-colour design making it easier to engage with the text; up-to-date analysis of High Court cases in areas including the executive, separation of judicial power, inconsistency, immigration and aliens powers, and implied freedom of political communication; new material on the Voice to Parliament and the 2023 referendum; and carefully selected extracts from a broad range of writers and commentators. - Publisher’s website.

Includes bibliographical references and index.

Australian constitutional law and theory : commentary and materials

9781760024819

liii, 1519 pages ; 25 cm