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- Preliminary Material
- Foreword
- Acknowledgements
- Contents
- Table of Cases
- Australia
- Court of Appeal of New South Wales
- Court of Appeal of Queensland
- Court of Appeal of Victoria
- Family Court of Australia
- Federal Court of Australia
- High Court of Australia
- Human Rights Committee
- Human Rights and Equal Opportunity Commission
- Supreme Court of Australian Capital Territory
- Supreme Court of New South Wales
- Supreme Court of the Northern Territory
- Supreme Court of Queensland
- Supreme Court of South Australia
- Supreme Court of Tasmania
- Supreme Court of Victoria
- Supreme Court of Western Australia
- National Courts
- International Courts
- Australia
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Main Text
- Introduction
- Part I Foundations
- Ch.1 First Peoples
- Ch.2 Settlement
- Ch.3 Federation
- Ch.4 Independence
- Ch.5 Evolution
- Ch.6 Ideas
- A A Prosaic Constitution?
- B The Role of Ideas within a Constitutional Order
- C Not Rights but Institutions
- D The Founders’ Political Ideals
- E The Founders’ Conception of the Polity
- F Democratic Ideals in the Constitutional Text
- G The High Court, Political Democracy, and Legalistic Method
- H Other Examples
- I New Ideas?
- Part II Constitutional Domain
- Ch.7 Rule of Law
- A Questions of Definition
- B The Constitution as the Starting Point
- C The Role of the Judicature
- D Determining Generally Applicable Rules
- E Changing the Body of Generally Applicable Rules
- F Giving Effect to Judicial Decisions
- G Compliance with Judicial Decisions—Spending Cases
- H Compliance with Judicial Decisions—Migration Cases
- I The Rule of Law and the Political Branches of Government
- J The ‘Legal Spirit’
- Ch.8 Common Law
- A What is ‘the Common Law’?
- B ‘Common Law Constitutionalism’?
- C The Common Law and Sovereignty
- D The Reception of the Common Law in Australia
- E The Common Law of Australia
- F The Temporal Aspect of the Common Law
- G Legislative Adoption of the Common Law
- H The Crown and the Executive Power
- I The Common Law of Interpretation and the Constitution
- J Common Law Terms in the Text of the Constitution
- K Conclusion
- Ch.9 Unwritten Rules
- A Introduction
- B Defining the ‘Unwritten’ Australian Constitution
- C The Political Constitution and Constitutional Conventions
- D Maintaining Political Constitutionalism: Common Law Unwritten Constitutional Rules
- E The Legal Constitution and Constitutional Implications
- F Conclusion
- Ch.10 International Law
- Ch.11 Comparative Constitutional Law
- Ch.12 State Constitutions
- Ch.7 Rule of Law
- Part III Themes
- Ch.13 Legitimacy
- Ch.14 Citizenship
- Ch.15 Constitutionalism
- Ch.16 Republicanism
- Ch.17 Unity
- Ch.18 Australia in the International Order
- Part IV Practice and Process
- Ch.19 Authority of the High Court of Australia
- Ch.20 Judicial Reasoning
- Ch.21 Standards of Review in Constitutional Review of Legislation
- Ch.22 Justiciability
- A The Australian Constitutional Context
- B The Capability of Issues for Judicial Determination
- 1 The ‘Political Questions’ Doctrine in the United States
- 2 ‘Political Questions’ and ‘Justiciability’ in Australia
- 3 Parliamentary Privileges and Procedures
- 4 Exercise of Certain Prerogative Powers
- 5 Intergovernmental Agreements
- 6 Articulation of Constitutional Criteria
- 7 Summary in Relation to Matters Appropriate for Judicial Resolution
- C Review of a Concrete Dispute by Reference to Particular Facts
- D The Claim Is Made by a Party with Standing to Raise It
- E The Claim Is Capable of Resolution by Judicial Relief
- F Conclusion
- Ch.23 Techniques of Adjudication
- A Judicial Styles of Analysis and Adjudication
- B The High Court’s Original Jurisdiction in Constitutional Litigation
- C The Commencement of Proceedings and Pleadings
- D Remittal
- E Constitutional Facts and the Avoidance of Fact-finding
- F Parties
- G The High Court’s Appellate Jurisdiction in Constitutional Litigation
- H Advocacy
- I Composition of the Bench
- J Conclusion
- Part V Separation of Powers
- Ch.24 Parliaments
- Ch.25 Executives
- Ch.26 Separation of Legislative and Executive Power
- Ch.27 The Judicature
- Ch.28 The Separation of Judicial Power
- A Introduction
- B The Origin of the Separation of Powers Doctrine in the Australian Constitution
- C Development of the Doctrine: History, Rationale, and Underlying Principles
- D The Consequences of Boilermakers
- E The Separation of Judicial Power and the Protection of Individual Rights
- F The Separation of Judicial Power and Federalism
- G The Future of the Separation of Judicial Power Doctrine
- Ch.29 The Constitutionalization of Administrative Law
- A Origins, Purpose, and Role of s 75(v)
- B The Reforms of the 1970s and 1980s
- C Changes in Migration Law during the 1990s
- D Signs of Constitutionalization
- E Consequences of Constitutionalization
- F Predictions as to Future Developments
- G Conclusion
- Part VI Federalism
- Ch.30 Design
- Ch.31 Power
- A Overview
- B Public Power within the Colonial Australian Legal Systems
- C Federation and the Twentieth Century
- D The Existence, Manner of Exercise, and Limits of Public Power
- E Federal Legislative Power
- F State Legislative Power
- G Implied Constitutional Limitations upon Legislative Power
- H Executive Power
- I Judicial Power
- J Conclusions
- Ch.32 Money
- A Provisions of the Constitution Dealing With Money
- B Federalism in Constitutional Interpretation
- C Constitutional Interpretation of Money Provisions
- D Taxing Powers
- E Intergovernmental Arrangements About Public Borrowing
- F Intergovernmental Arrangements About Commonwealth Grants to the States
- G Commonwealth Power to Spend Money, Other than Under s 96
- H Modern Relevance of Federal Considerations in Constitutional Interpretation
- Ch.33 Co-Operative Federalism
- Ch.34 The Passage Towards Economic Union in Australia’s Federation
- A Introduction
- B The Concept of Economic Union and the Position at Federation
- C Negative Economic Union as it Has Developed in Australia Since Federation
- D Positive Economic Union as it Has Developed in Australia since Federation
- E Conclusion: Economic Union is Shaped Increasingly by Forces Outside the Nation
- Ch.35 The Federal Principle
- Ch.36 Federal Jurisdiction
- Part VII Rights
- Ch.37 Rights Protection in Australia
- Ch.38 Due Process
- Ch.39 Expression
- A Introduction
- B Freedom of Expression, Democracy, and Constitutional Law
- C The Origins of Freedom of Political Communication in Australian Constitutional Law
- D Freedom of Political Communication as an Implication
- E Freedom of Political Communication: The Fundamentals Elements
- F Test for the Application of the Freedom of Political Communication
- G The Application of the First Stage: What is a Burden on ‘Political Communication’?
- H Conclusion
- Ch.40 Political Participation
- Ch.41 Property
- Ch.42 Religion
- Ch.43 Equality
- Ch.44 Legality
- Further Material
- [3.239.6.58]
- 3.239.6.58
