Overview

This is the new and fully updated edition of the acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court including its emphasis on statutory interpretation as a tool of constitutional analysis. The book has also been fully revised and updated for major High Court and overseas decisions, including McCloy v New South Wales, Williams v Commonwealth (No 2), the Brexit Case and Plaintiff M68/2015 v Minister for Immigration. Always 'much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. As the reviewer for the Law Institute Journal said of the most recent edition, this book is 'a great resource for practitioners wanting an authoritative guide to Australian constitutional law' and a 'must-have for law students who would like more depth of analysis'.\nKey Features of the New Edition \n\n \n Latest Decisions: The text incorporates full analysis of the High Court's decisions in the important citizenship case (Re Canavan) and right to protest case (Brown v Tasmania) both handed down in late October 2017. \n A new chapter on statutory interpretation and its connection to Australian constitutional law. \n Substantial revisions to the chapter on constitutional change to take account of the Uluru Statement from the Heart and related developments up to late 2017. \n Fresh perspectives on constitutional interpretation. \n Consolidation of the material on the implied freedom of political communication into a single chapter, offering a more streamlined account of the doctrine's development. \n Major updates to the chapters on the High Court and judicial power. \n Fully revised and updated for every major constitutional case since the 6th edition, including Commonwealth v Australian Capital Territory (Same Sex Marriage Case), Unions NSW v New South Wales, Plaintiff S156/2013 v Minister for Immigration, Kuczborski v Queensland, Williams v Commonwealth (No 2), Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship, Communications Union v Queensland Rail, Tajjour v New South Wales, McCloy v New South Wales, Australian Communications and Media Authority v Today FM, Duncan v Independent Commission Against Corruption, NAAJA v Northern Territory, Plaintiff M68/2015 v Minister for Immigration, Day v Australian Electoral Officer (SA), Alqudsi v The Queen, Murphy v Electoral Commissioner, Cunningham v Commonwealth, R (Miller) v Secretary of State (Brexit case), Plaintiff S195/2016 v Minister for Immigration and Border Protection, Re Culleton (No 2), Re Day (No 2), Knight v Victoria, and Graham v Minister for Immigration and Border Protection. \n \nAlso available is the Abridged edition, click here for details.

Full Product Details

Author:   George Williams ,  Sean Brennan ,  Andrew Lynch
Publisher:   Federation Press
Imprint:   Federation Press
Edition:   7th New edition
Weight:   2.130kg
ISBN:  

9781760021511

ISBN 10:   1760021512
Pages:   1568
Publication Date:   16 January 2018
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

Part 1: Australian Constitutionalism 1: Foundations 1. Australia: A Constitutional Hybrid 2. Political and Legal Constitutionalism 3. Liberalism 4. Rule of Law 5. Separation of Powers 6. Grundnorm and Coup d'Etat (a) The Basic Norm (b) Coup d'Etat 7. Further References 2: Origins and Influences 1. Introduction 2. The Evolution of the Westminster Constitution (a) Magna Carta (b) Parliament (c) Star Chamber and Common Law Courts (d) The Bloodless Revolution 3. Westminster Government (a) Responsible and Representative Government (b) Parliamentary Sovereignty (c) Constitutional Conventions (d) Courts and Private Law 4. The Constitution of the United States (a) Separations of Power - Horizontal and Vertical (b) Judicial Review 5. Further References 3: Path to Independence 1. Colonisation 2. The Colonial Legislatures 3. Federation 4. The Colonial Legacy 5. The Statute of Westminster (a) Extraterritoriality (b) Repugnancy 6. Appeals to the Privy Council 7. The Australia Act 8. Popular Sovereignty 9. Further References 4: Indigenous Peoples 1. Introduction 2. Indigenous Peoples and the Constitution 3. Native Title 4. Indigenous Sovereignty (a) Perspectives on Sovereignty (b) The United States (c) The Australian Situation 5. Self-determination 6. Further References Part 2: Interpretation 5: Constitutional Interpretation 1. Literalism, Legalism and Judicial Choice

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George Williams AO is one of Australia's leading constitutional lawyers and public commentators.

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