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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

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

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

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

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

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

Federation  

Susan Crennan

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter discusses the federation of Australia, which has been described as ‘the greatest political achievement in Australian history’. In fact, this achievement transcended ... More

Ideas  

Patrick Emerton

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter sets out some key political ideas that underpin the Australian Constitution. Australia has a somewhat distinctive constitutional culture. It has a rigid, written Constitution ... More

Independence  

Anne Twomey

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the notion of ‘independence’ in the Australian context. In Australia, there was no definitive act in creating an independent nation, as in other countries. There is ... More

Introduction  

Adrienne Stone and Cheryl Saunders

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This introductory chapter places the Australian Constitution in a comparative perspective. It does so both to throw light on Australian constitutional law and practice and to identify ways ... More

The Judicature  

Nicholas Owens

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter analyses the Australian judicature as a whole, as well as the individual courts that comprise it. It begins with a survey of the development of the common law conception of a ... More

Justiciability  

Jeremy Kirk

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter examines the notion of ‘justiciability’ in Australia. In this chapter, justiciability is understood as referring to issues considered appropriate and capable of being subject ... More

Legality  

Dan Meagher

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter identifies and explores the relationship between the common law principle of legality and the Australian Constitution. To this end, the chapter considers in some detail how ... More

Parliaments  

Amelia Simpson

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter focuses on the national institution variously called the ‘federal Parliament’, the ‘Australian Parliament’, or the ‘Commonwealth Parliament’. It highlights three ... More

The Place Of Constitutional Law in the Legal System  

Stephen Gardbaum

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with discussions of what constitutional law is and general views on the place of constitutional law. It then considers the role of constitutional law versus ordinary ... More

Republicanism  

John M. Williams

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter discusses and evaluates the various approaches to republicanism in Australia. It first briefly outlines Australia's current monarchical Constitution, highlighting the textual ... More

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