Constitutional Law

  • John Pyke
  • ISBN-13: 9781420256529
  • Publisher: Palgrave Macmillan Australia
  • Paperback
  • Publication Date: February 15, 2013
  • RRP: $89.95
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Overview

Another title in the Law Principles and Practice Series, Constitutional Law examines the foundational principles and concepts of this area of law. Written by practicing lawyers and lecturers in the subject, this book aims to provide an accessible yet comprehensive introductory text for Australian students.

Constitutional Law analyses many relevant cases and offers comprehensive analysis of the Australian Constitution, and in eight parts systematically discusses and clarifies the complexities within this discipline.

PART A Introduction
PART B Common Features in Commonwealth and State Constitutions
PART C The Commonwealth Parliament and Its Powers
PART D ‘Internal’ Constitutional Law of the States
PART E The Effect of the Commonwealth Constitution on State Powers
PART F The Territories
PART G Implications from the Commonwealth Constitution and their Effects on Both Commonwealth and States
PART H Future Directions

An excellent resource for law students, Constitutional Law provides visual summaries in the form of flow charts, and each chapter includes key concepts and end-of-chapter discussion questions, further reading and useful websites and links. It also introduces students to key examinable areas, legal style essays, problems and assessment.

Key features:
• Contextualises the development of the Constitution
• Indicates the limits of a Constitution
• Encourages students to question the validity of a Law or Statute not simply interpret and apply it to the facts
• Offers students a comprehensive understanding of complex concepts and principles, focusing on recent influential cases and statutes
• User-friendly, two-colour design provides visual summaries and navigation tools to facilitate learning
• End-of-chapter masterclasses consolidate and extend students’ knowledge
• Written in plain English by practising lawyers and academics who teach the subject

Contributors

John Pyke is a lecturer in the Faculty of Law at Queensland University of Technology.

Table of Contents

PART A Introduction
Chapter 1 The nature and significance of constitutional law
Chapter 2 Federation and the drafting of the Commonwealth Constitution
Chapter 3 Current status of Australia and the Commonwealth Constitution
Chapter 4 Constitutional litigation and general principles of interpretation of the Commonwealth Constitution

PART B Common Features in Commonwealth and State Constitutions
Chapter 5 Responsible government—Governors, ministers, Executive Councils and Cabinets
Chapter 6 Sources of, and limits on, executive power
Chapter 7 General res as to the extent of legislative power

PART C The Commonwealth Parliament and Its Powers
Chapter 8 The choice of members by the people
Chapter 9 The law-making process
Chapter 10 Business-regation powers—trade and commerce, corporations and other powers
Chapter 11 Nation-state powers—internal regation of government, external affairs, defence, internal security, immigration, aliens
Chapter 12 The Commonwealth's financial powers—tax, grants to the states and spending money
Chapter 13 Acquisition of property on just terms
Chapter 14 Other express limitations on Commonwealth power

PART D ‘Internal` Constitutional Law of the States
Chapter 15 ‘Internal’ doctrines of state constitutional law

PART E The Effect of the Commonwealth Constitution on State Powers
Chapter 16 The effect of Federation on the powers of the states
Chapter 17 State laws not to impose customs or excise duties
Chapter 18 Freedom of interstate trade, commerce and intercourse
Chapter 19 Discrimination against out-of-state residents prohibited
Chapter 20 Inconsistency with laws of the Commonwealth
Chapter 21 Conclusion as to the role of the states—financially dependent, but not dead yet

PART F The Territories
Chapter 22 Commonwealth power over the territories and the powers of the self-governing territories

PART G Implications from the Commonwealth Constitution and their Effects on Both Commonwealth and States
Chapter 23 Separation of judicial power; protection of the role and independence of the judiciary
Chapter 24 Independence of state courts and judges
Chapter 25 Freedom of political discussion

Part H Future Directions
Chapter 26 Changing the Constitution