Australian Constitutional Law: Foundations and Theory

Paperback | March 2, 2012

bySuri Ratnapala, Jonathan Crowe

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Australian Constitutional Law: Foundations and Theory, 3e explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism andfundamental rights.In this third edition, Suri Ratnapala is joined by Jonathan Crowe as co-author, and the book has been fully revised and expanded. The expansion has allowed wider coverage of: Australian Constitutionalism; Interpretation of the Constitution; Federal-State relations; International powers of theCommonwealth; and Trade, Commerce and Industrial Relations. Major developments in federal and State constitutional law receive critical discussion in this edition. They include:DT Constitutional entrenchment of the supervisory jurisdiction of State Supreme CourtsDT Strengthening of the separation of powers in the States through the doctrine of institutional integrity of courtsDT Further clarifications on the judicial power of the CommonwealthDT Constitutional rules governing military courts DT Recognition of adult suffrage as a general constitutional ruleDT Constitutionality of the Victorian Charter of RightsDT Recognition of the demand side in the freedom of interstate trade and commerceDT Extension of the just terms requirement to property acquisitions in the Territories and to regulatory takingsDT Determining the limits of the use of federal and State courts in counter-terrorism and prevention of organised crime DT Limits on taxation power derived from the rule in the Melbourne Corporation CaseDT Expansion of the corporations power into the field of industrial relationsDT Clarifications on appropriation and spending powers.

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Australian Constitutional Law: Foundations and Theory, 3e explains and evaluates the Australian constitutional system in relation to the classical principles of constitutional government such as the rule of law, separation of powers, representation, executive responsibility, federalism andfundamental rights.In this third edition, Suri ...

Suri Ratnapala is Professor of Public Law at The University of Queensland. He holds the degrees of LLB (Colombo); LLM (Macquarie) and PhD (Qld), and teaches constitutional law and jurisprudence, fields in which he has published widely. Professor Ratnapala has been a consultant with the World Bank, the Asian Development Bank and AusAid...

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Format:PaperbackDimensions:448 pages, 9.65 × 6.69 × 0.68 inPublished:March 2, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195519035

ISBN - 13:9780195519037

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Table of Contents

1. The Idea of a Constitution2. Australian Constitutionalism: An Overview3. A Parliamentary System of Government: The Idea of a Responsible Executive4. Role of the Upper House in Parliamentary Democracy5. The Representative Principle in Australian Constitutionalism6. Separation of Powers: Australia's Asymmetric Model7. Separation of Judicial and Non-judicial Powers: Defining Judicial Power8. The Rules that Separate Judicial and Non-judicial Powers: The Prohibitions9. Rules of Separation: The Exceptions10. Interpreting Commonwealth Legislative Powers: Textualism, Originalism or Underlying Principles?11. Federal-State relations12. Trade, Commerce and Industrial Relations13. Taxation, Appropriation and Spending14. The International Powers of the Commonwealth: Defence and External Affairs15. Constitutional Rights and Freedoms16. Constitutional Change