| Description |
1 online resource (290 pages) |
| Contents |
Preface; How to answer problem questions; Part One: Constitutional fundamentals; Chapter 1: What is Constitutional Law?; Introduction; The doctrine of constitutionalism; Where do we find constitutional law?; An additional source of rules: constitutional conventions; Where did our institutions come from?; Constitutional amendment; An Australian republic?; Chapter 2: Fundamental Concepts of Australian Constitutional Law; Introduction; Representative government; Responsible government; The doctrine of separation of powers; Federalism; Precedent; Chapter 3: The Legislature; Parliament |
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The monarchThe House of Representatives; The Senate; Qualifications for election to Parliament; Legislative procedures; Parliamentary privilege; Chapter 4: The Executive; Who comprises the executive?; The Crown; The Governor-General; Executive powers exercised independently; The Constitutional Crisis of 1975; The Cabinet and the bureaucracy; Executive power; Chapter 5: The Judicial Branch and Separation of Powers; The courts; Separation of judicial power; Defining 'the judicial power of the Commonwealth'; Separation of powers and State courts; Chapter 6: Characterisation and Interpretation |
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Interpretation as a techniqueCharacterisation; Incidental powers; Proportionality; Constitutional prohibitions-the 'practical effect' test; Contemporary meaning; Invalidity and severance; Chapter 7: State and Territory Constitutional Law; State Constitutions; State legislative competence; Procedural restraints; Extraterritorial legislation by the States; The constitutional position of the Territories; Chapter 8: Express and Implied Rights; Rights and the law; Jury trial; Freedom of religion; Equal treatment as between residents of States; Acquisition of property on just terms compensation |
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The implied freedom of political communicationThe implied freedom from arbitrary detention; The implied right to vote; Part Two: Enumerated powers; Chapter 9: Trade and Commerce; Interstate and overseas trade and commerce; Chapter 10: Corporations; The corporations power; The scope of the corporations power; The trade and commerce power compared with the corporations power; Chapter 11: External Affairs; The external affairs power; Treaty implementation; Events outside Australia; International law and domestic law; The States as international actors; Chapter 12: Defence; The defence power |
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The purposive nature of s 51(vi)The varying scope of the power; Part Three: Financial relations and federalism; Chapter 13: Taxation, Grants and Expenditure; The taxation power; Geographical discrimination and preference; Section 96 grants; Commonwealth expenditure: ss 81 and 83; Chapter 14: Excise Duties; Duties of customs and excise; Defining excise duties; Chapter 15: Freedom of Interstate Trade, Commerce and Intercourse; Section 92; Interpreting s 92; Intercourse between the States; Chapter 16: Inconsistency; Section 109; Tests for inconsistency; Impossible to obey both laws |
| Summary |
The Constitutional Law Guidebook 2nd Edition provides a clear and concise summary of the basic principles of constitutional law. This guidebook will help students to navigate through the fundamental point of constitutional law |
| Notes |
Commonwealth law confers a right denied by State law |
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Print version record |
| Subject |
Constitutional law -- Australia -- Outlines, syllabi, etc
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Federal government -- Australia -- Outlines, syllabi, etc
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Constitutional law.
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Federal government.
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Australia.
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| Genre/Form |
Outlines and syllabi.
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| Form |
Electronic book
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| ISBN |
9780195596434 |
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0195596439 |
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