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The Age of Development and Continuity, 12th–15th Centuries CE  

Marion Katz

Print publication date:
Nov 2018
Online publication date:
Oct 2015
This article examines the historical development and social and intellectual functioning of Islamic law in the twelfth through fifteenth centuries. In particular, it considers the ... More

Appellate Courts  

David Robertson

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Subject:
Law, Legal System
This article discusses academic work in relation to appellate courts. It concentrates on characterizing and explaining judicial decision-making and winning on an appeal. Furthermore, it ... More

Authority of the High Court of Australia  

Stephen Donaghue

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with ... More

Blackstone  

John V. Orth

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England ... More

‘By The Light of The Moon’: Looking For China’s Rich Legal Tradition  

Tahirih V. Lee

Print publication date:
Aug 2018
Online publication date:
Sep 2018
This chapter begins with a brief overview of the foundations of the field of Chinese legal history. It then delves into questions of methodology and approach. Three such questions face the ... More

Citizenship  

Elisa Arcioni

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains ... More

Common Law  

William Gummow

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers the meaning of the term ‘common law’ and its application in the context of Australian federalism. It discusses some views on common law vis-à-vis the Constitution, ... More

Constitutionalism  

Jeffrey Goldsworthy and Lisa Burton Crawford

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explains how constitutionalism developed and how it currently operates in Australia. It first explains the historical developments whereby Australia combined elements of the ... More

The Court of Justice of the European Union  

Michal Bobek

Print publication date:
Jul 2015
Online publication date:
Mar 2015
The chapter introduces the Court of Justice of the EU by looking at five key elements defining the institution in a diachronic perspective: the structure of the Union courts located in ... More

The Democratic Ambiguity of EU Law Making and its Enemies  

Damian Chalmers

Print publication date:
Jul 2015
Online publication date:
Feb 2015
Analysis of EU law making is made difficult by the presence of multiple legislative procedures. Matters are further complicated by neither national nor postnational models of democracy ... More

Design  

Nicholas Aroney

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the design of Australia's federal system. Two historical propositions affirmed in the preamble to the Constitution are central to this conception. These are, firstly, ... More

Discrimination  

Sandra Fredman

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, Legal System
Legal scholarship on discrimination derives from a strongly liberal source, despite its avowed link with Aristotelian philosophy. Early liberalism has more recently bifurcated. While one influential ... More

Due Process  

Fiona Wheeler

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explores how guarantees of due process in Australia are implemented. It first examines the unsuccessful attempt in the 1890s to incorporate an express due process clause in ... More

The ECJ and the National Courts: Dialogue, Cooperation, and Instability  

Takis Tridimas

Print publication date:
Jul 2015
Online publication date:
Mar 2015
Although the development of EU law is the result of the interaction of many political and institutional actors, no other relationship is perhaps as important as that between the ECJ and ... More

Empirical Research in Law  

John Baldwin and Gwynn Davis

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, Legal System
This article considers the contribution to legal scholarship which has been and is being made by research strategies which fall under the broad heading of ‘empirical’. Empirical research ... More

Equality  

Denise Meyerson

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers the extent to which the Australian Constitution protects the right of individuals to equality and non-discrimination. It is concerned solely with the extent to which ... More

Equity Property and Obligation  

Sarah Worthington

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, Legal System
Equitable property, especially as illustrated in the trust, and equitable obligations, especially fiduciary obligations, are without precise civil law counterparts. This ought to have ... More

Evolution  

Susan Kenny

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter is about Australian constitutional evolution. It concerns the meaning, the processes, and the possibilities of constitutional change in Australia. ‘Constitutional evolution’ ... More

Expression  

Adrienne Stone

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter traces the way in which freedom of expression is recognized in Australian constitutional law. The absence of a provision protecting freedom of expression is just one aspect of ... More

Federal Jurisdiction  

James Stellios

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter identifies the origins, content, and operation of federal jurisdiction in Australia. In the United States the creation of federal jurisdiction was the necessary concomitant of ... More

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