Constitutional Law
LAW PRINCIPLES AND PRACTICE SERIES
Published on 16. January 2013
Book
Paperback/Softback
500 pages
978-1-4202-5652-9 (ISBN)
Description
Another title in the Law Principles and Practice Series, Constitutional Law examines the foundational principles and concepts of this area of law. Written by a practicing lawyer and lecturer in the subject, this book aims to provide an accessible yet comprehensive introductory text for Australian students. In eight parts this book systematically explores and clarifies the complexities of Australian Constitutional law and provides valuable critical analysis suitable for students, academics and government departments: 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 a practicing lawyer and academic who teaches the subject
More details
Persons
John Pyke is a lecturer in the Faculty of Law at Queensland University of Technology.
Content
Preface Table of Cases Table of Statutes Assessment 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 rules 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-regulation powers-trade and commerce, corporations, other powers Chapter 11 Nation-state powers-internal regulation of government, external affairs, defence, national 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 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 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