Introduction : what is Australian public law? -- Constitution I : the history of the Australian state -- Constitution II : the structure of the Australian state -- Legitimation : justifying state power -- Legislation : making valid law -- Administration : governing lawfully -- Adjudication : determining and applying law -- Validation : reviewing state action -- Protection : human rights and Australian public law -- Direction : future trends in Australian public law
Australian Public Law provides a foundation for understanding the ideas and principles that underpin Australian public law and develops a concept of public law through analysis of the mechanisms of power and control.Now in its third edition, this text provides a theoretical framework for investigating and interpreting the Australian Constitution while introducing the core concepts that are required for the study of constitutional and administrative law. New to this EditionNew chapter on 'Public Law and Statutory Interpretation'Explanation and analysis of new developments, including: The developments in constitutional recognition of Aboriginal and Torres Strait Islander peoples, including the 2016−2017 Regional Dialogues and First Nations Constitutional Convention leading to the creation of the Uluru Statement from the HeartThe failed attempt at federalism reform under the 2014 White Paper processPlebiscites with a focus on the 2017 same-sex marriage plebisciteThe High Court decisions on section 44 of the Constitution regarding the eligibility of parliamentarians (including the dual-citizenship cases)Recent developments in the High Court's implied freedom of political communication and freedom of association casesThe High Court's recent decisions regarding Chapter III of the Constitution Key FeaturesComprehensive coverage of the foundational principles of public lawClear discussion and analysis of the Parliament and democratic process, the executive, the tribunal system and the judiciaryExamples and case studies that demonstrate real-life applications of public lawThorough and clear explanations of complex principlesWritten in an engaging and accessible style
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
George Williams returns with a second collection of stories as original and arresting as his first, Gardens of Earthly Delight. From a Texas reservoir a fisherman hauls in a record-breaking bass that transforms his life forever. In Georgia a man is required by federal law to become chattel for a day. A criminal and his ventriloquist's dummy wreak havoc wherever they go. The son of a Syrian soap maker becomes obsessed with a fellow graduate student in Colorado and plans an atrocity he believes will bring him the admiration of the world. In the title story, two physicists traveling across southern Germany keep and reveal secrets about their relationships that comfort as much as they trouble. A girl discovers she has a strange medical condition that will eventually benefit the world. In the final story, two pickpockets working Indiana fall festivals make the mistake of lifting the wallet of a relentless and vindictive ATF agent. In these fifteen stories, George Williams takes readers from 16th century England to 21st century post-apocalyptic Canada, from suburban Georgia to rural Texas, from a Baton Rouge motel to the shores of Northern California. At turns comic, disturbing, and visionary, The Valley of Happiness reveals a writer in peak form using a subtle, daring range of styles to create unforgettable characters, fully human in their heartbreak, cruelty, and capacity for self-deception.
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a “third source” of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
In this comprehensive overview and critical analysis of refugee status law in Australia the authors explain how the United Nations Convention has been applied and set this area of law in its political and historical context.
How much crime is committed in Australia? What sort of crime, where and by whom? What can we do to stop it? This book deals in facts and dispels myths. Don Weatherburn, Director of the NSW Bureau of Crime Statistics and Research, shows how policies are driven by the political need to manage public reactions, not to control and prevent crime. Law and Order in Australia informs public debate about crime in Australia by contrasting popular assumptions about crime and crime control with what is actually known to be true. The opening chapter sets the scene by asking how serious Australia's crime problems are. Weatherburn then offers a critique of the way Australian governments attempt to deal with Australia's crime problems. This is followed by the foundations for a discussion of what actually works in crime prevention and control by highlighting some basic facts about crime and offenders. The final chapters discuss what the evidence reveals about crime prevention and control and the key issues in crime prevention and control in Australia. Weatherburn clearly provides numerous ideas for better policies, ones that will actually work.
This book combines theoretical and practical information on the development and delivery of modern legal education. As such, it is a useful text for those interested and involved in the future of legal education as it explores specific topics such as staffing and managing a law school as well as curriculum issues. legal education, including a brief history, outline of the challenges to be faced and an exploration of the future of legal education. The second focuses on some of the practical impacts of legal education, the role of theory and future directions of legal curricula, whilst the third provides more specific material on the mechanics of establishing and maintaining a law school with a vision of the future. profession, including practitioners, and therefore provides a context for evaluatio
