The Oxford handbook of the Australian Constitution / Cheryl Saunders, Adrienne Stone.

New York : Oxford University Press, 2018

1st edition

88462

Constitutional law -- Australia.

Part I: Foundations

1. First peoples

2. Settlement

3. Federation

4. Independence

5. Evolution

6. Ideas

Part II: Constitutional domain

7. Rule of law

8. Common law

9. Unwritten rules

10. International law

11. Comparative constitutional law

12. State constitutions

Part III: Themes

13. Legitimacy

14. Citizenship

15. Constitutionalism

16. Republicanism

17. Unity

18. Australia in the international order

Part IV: Practice and process

19. Authority of the High Court of Australia

20. Judicial reasoning

21. Standards of review in constitutional review of legislation

22. Justiciability

23. Techniques of adjudication

Part V: Separation of powers

24. Parliaments

25. Executives

26. Separation of legislative and executive power

27. The judicature

28. The separation of Judicial power

29. The constitutionalization of administrative law

Part VI: Federalism

30. Design

31. Power

32. Money

33. Co-operative federalism

34. The passage towards economic union in Australia's federation

35. The federal principle

36. Federal jurisdiction

Part VII: Rights

37. Rights protection in Australia

38. Due process

39. Expression

40. Political participation

41. Property

42. Religion

43. Equality

44. Legality.

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 developedition: 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. - Publisher's website.

9780198738435

lxxx, 1113 pages ; 26 cm