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Australian Constitutional Law : Foundations and Theory: 3rd Edition - Suri Ratnapala

Australian Constitutional Law

Foundations and Theory: 3rd Edition


Published: 14th February 2012
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Australian Constitutional Law: Foundations and Theory 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 and fundamental rights. In this third edition, Suri Ratnapala is joined by Jonathan Crowe as co-author, and the book has been fully revised and expanded. This includes wider coverage of: Australian Constitutionalism; Interpretation of the Constitution; Federal-State Relations; International Powers of the Commonwealth; Trade, Commerce and Industrial Relations; Constitutional Freedoms; and the Separation of Powers.


Revised chapter 1 lays a strong and clear theoretical foundation for students.

New chapter 2 provides an accessible overview of the Australian Constitution in relation to fundamental constitutional values.

New chapters 10 and 11 dedicated to constitutional interpretation and federal-state relations.

New chapter 12 on trade, commerce and industrial relations which included discussion of the explanation of corporations power to industrial relations.

New chapter 14 on the international powers of the Commonwealth.

Updates of the major developments in federal and State constitutional law, including: • Constitutional entrenchment of the supervisory jurisdiction of State Supreme Courts • Strengthening of the separation of powers in the States through the doctrine of institutional integrity of courts • Further clarifications on the judicial power of the Commonwealth • Constitutional rules governing military courts • Recognition of adult suffrage as a general constitutional rule • Constitutionality of the Victorian Charter of Rights • Recognition of the demand side in the freedom of interstate trade and commerce • Extension of the just terms requirement to property acquisitions in the Territories and to regulatory takings • Determining the limits of the use of federal and State courts in counter-terrorism and prevention of organised crime • Limits on taxation power derived from the rule in the Melbourne Corporation Case • Looks at the institutions of constitutional law rather than looking at the sections of the constitution and then elaborating on them with illustrations from case law.



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    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 Freedoms

    ISBN: 9780195519037
    ISBN-10: 0195519035
    Audience: Tertiary; University or College
    Format: Paperback
    Language: English
    Number Of Pages: 448
    Published: 14th February 2012
    Publisher: Oxford University Press Australia
    Country of Publication: AU
    Dimensions (cm): 22.86 x 15.24  x 2.54
    Weight (kg): 0.9
    Edition Number: 3
    Edition Type: Revised