Course Codes : LAWS1140
Australian Constitutional Law and Theory
Publication Date 1 Mar 2010
OverviewThis new 5th edition has been thoroughly rewritten. Each chapter has been looked at again from beginning to end by both authors, with fresh choices made for extracts to bring the book up to date for new materials and scholarship. The commentary has also been rewritten to provide clearer explanation of concepts and case outcomes. Room has been made for major new developments by focusing in more tightly on the key constitutional issues. Major cases added since the last edition include: Attorney-General (Cth) v Alinta Ltd; Bennett v Commonwealth; Betfair Pty Ltd v Western Australia; Clarke v Commissioner of Taxation; Forge v Australian Securities and Investments Commission; Gypsy Jokers Motorcycle Club Inc v Commissioner of Police; International Finance Trust Company Limited v New South Wales Crime Commisson; ICM Agriculture Pty Ltd v Commonwealth; K-Generation Pty Ltd v Liquor Licensing Court; Lane v Morrison; Pape v Commissioner of Taxation; R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2); Roach v Electoral Commissioner; Sweedman v Transport Accident Commission; Telstra Corporation Ltd v Commonwealth; Thomas v Mowbray; White v Director of Military Prosecutions; the Work Choices Case; Wurridjal v Commonwealth and XYZ v Commonwealth. As this list indicates, the 5th edition includes the groundbreaking 2009 decision in Pape, as well as the other key decisions of this year such as Clarke, K-Generation, Lane, Wurridjal, International Finance Trust and ICM Agriculture. Significant changes in the new edition include: A rewritten first chapter to provide a more accessible introduction to the subject A rewritten and restructured chapter on characterisation to make this difficult area more accessible and to produce a more logical flow of concepts and material The separation out of the material on the trade and commerce power into a new chapter on the economic powersMajor changes in the chapter on Indigenous peoples, such as to reflect the United Nations Declaration on the Rights of Indigenous Peoples and the Apology to Australia's Indigenous Peoples Changes to reflect legislative amendment in areas like citizenship law Rewritten material on federalism, especially in regard to fiscal federalism due to the Intergovernmental Agreement on Federal Financial Relations in force from 1 January 2009 New material on the defence power as it relates to terrorism and national security New material on the Executive, such as in regard to the Crown and the nationhood powerThe division of the material on the separation of judicial power into three chapters (Separation of Judicial Power; Judicial and Non-Judicial Detention and The Judicial Process)Revision of the material on human rights, to reflect the national charter of rights debate and the enactment of the Victorian Charter of Human Rights and Responsibilities
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