2 edition of Future directions in Australian constitutional law found in the catalog.
1994 by Federation Press in association with the Centre for International and Public Law and the Law Faculty, Australian National University in Sydney .
Written in English
Includes bibliographical references and index.
|Statement||editor, Geoffrey Lindell.|
|Contributions||Lindell, Geoffrey., Zines, Leslie., Australian National University. Centre for International and Public Law., Australian National University. Faculty of Law.|
|LC Classifications||KU1750 .F88 1994|
|The Physical Object|
|Pagination||xviii, 286 p. ;|
|Number of Pages||286|
|LC Control Number||94238053|
Judicial individualism and decision-making are examined in the context of the tension between judicial teamwork and personal analysis of issues. Within our Federation, it has permitted experimentation with protective legislation which, when it is seen to succeed, has soon been copied in different parts of the nation. This, so it is said, provides the best interaction between fundamental human rights jurisprudence and the democratic right of a Parliament to reflect the will of the people. If they do not act justly, particularly if they act oppressively, they will be dismissed from office at the next election.
The judge will not do this if it is contrary to a clear statute enacted by Parliament. The Constitution does contain protection for several specific rights. It is unlikely that an Australian bill of rights would be able to cover, still less cope with, all of the issues of basic rights which need to be dealt with in a true charter of the people's rights. But there are other, less elucidated but equally important aspects of judicial independence that creep under the radar: court-funding, extra-judicial activities like vice-regal and academic posts, the use of social media by judges, lawyers and counsel, and diversity in the judiciary. Attempted amendments: Since Federation, a number of attempts have been made to introduce a bill of rights or bill of rights provisions into the Australian Constitution.
This article is particularly timely, as the Queensland Law Reform Commission is presently undertaking a review of the law around consent and mistake of fact. However clever may be the drafter, it would be inherent that any language would expressly state, and thereby confine, the basic rights of the people. It can do so in the constitutional document which gives the cement to the social cohesion of a true Commonwealth. In addition, a constitutional requirement that "trade, commerce, and intercourse among the States
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If the people have basic rights in their heart, so it is said, it will be reflected in the laws enacted Future directions in Australian constitutional law book Parliament.
Vulnerable rights and paper charters: Nor is a bill of rights, as such, a sure guarantee against intrusions into fundamental rights. In Mabo v Queensland [No. A notable example of this line of jurisprudence was the High Court's disallowance of a Commonwealth Act which had the aim of nationalising the banking industry.
The High Court itself declared that there was no common law right to privacy. As Australia gained independence and international personality, so did the significance of this power. In the Australian Capital Territory and in Queensland, discussion has lately been had concerning the introduction of a Territorial or State bill of rights.
It can deal with the machinery of effective protection which, otherwise, must be left to the courts to discern although they often lack the necessary information and assistance from the two parties before them in a typical case.
This is so despite the fact that virtually every other country enjoys a constitution with beautiful bill of rights provisions. Recensioner i media This is a collection of essays by a distinguished list of contributors aEURO It is part of an innovative series from Federation Press aEURO It makes a very interesting read for Future directions in Australian constitutional law book with even the slightest interest in our constitutional law and history.
If this is correct, then given the preponderant role of corporations in the modern economy, the possibility exists for substantial Federal control of the greater part of the economy, with little if any regard to the traditional constitutional "heads of power".
The problems for human rights vary in the perceptions of different ages. Schoolchildren may know the footballers and 'pop' stars. This consideration was one which led to the reversal of the McInnes case in the decision in Dietrich v The Future directions in Australian constitutional law book. The content is fascinating; the breadth of subject matter all-encompassing.
A bill of rights would endanger the variety of social regulation. Inquiries into the constitution in and rejected the idea.
Stephenson, M. Judges by their training, are used to making decisions. Thus, the right to free public discussion of matters of politics and economics were found, in the Capital Television decision, to be inherent in the very nature of the Australian representative democracy established by the Constitution.
At least in a country such as Australia, where parliamentary democracy usually works reasonably well, we can trust the legislators. They could not have been dealt with by the Court except by invoking the bill of rights.
They must do so if those laws are clear and applicable, even if fundamental human rights are breached by them. We can draw upon the experience of two centuries our own laws and of the operation of the American bill of rights.
It would amount to, or produce, a form of judicial imperialism. Judges of the common law are enough: A further argument is that judges are already introducing basic rights into the common law.
Accordingly, the States had for a long time levied, with the compliance of the High Court, "business franchise fees" on retailers of products, particularly liquor and tobacco products.
But generally, the British constitution has rested not upon written documents but upon the principle of the sovereignty of an elected Parliament. For example, in the Commonwealth Parliament enacted the WorkChoices legislation,  which, relying primarily on the corporations power, seeks to create a uniform national industrial relations system to the exclusion of both the States' and the Commonwealth's own industrial relations systems.
The proposal was lost 19 votes to The book closes with a consideration of judicial independence in a wider social context in terms of public criticism of judges, the role of social media and the anxieties that are part and parcel of the war on terror.
Full description This monograph provides a comprehensive examination of mental health tribunal hearings in Australia. Originally this power had little content, because Australia's foreign relations were managed by the United Kingdom.
We should do so in full consultation with the people of Australia. This demonstrates once again that the best protection is the building of a society which respects diversity of opinion and lifestyle, and protects its minorities.Mason, A., ‘ Future Directions in Australian Law ’ () 13 Monash University Law Review Mason, A., ‘ The Role of a Constitutional Court in a Federation ’ () 16 Federal Law Review magicechomusic.com: Brendan Lim.
The Australian High Court in McCloy v NSW adopted ‘structured proportionality analysis’ as part of Australian constitutional law and, in doing so, it appears to have brought Australian constitutional law at least somewhat more into alignment with global constitutional thinking. Almost immediately, however, the move has attracted controversy.
THE FOURTH EDITION OF FEDERAL CONSTITUTIONAL LAW: A CONTEMPORARY VIEW continues this book's tradition of elucidating the potentially difficult discipline of constitutional law in a clear, accessible and engaging way.
The authors, Professor Sarah Joseph and Melissa Castan, examine contemporary perspectives, the latest developments and likely future directions of constitutional law. Oct 07, · Most Leaders Don't Even Know the Game They're In | Simon Sinek at Live2Lead - Duration: Simon Sinek Recommended for you.Browse Titles.
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in particular Australian constitutional law, The High Court of Australia, comparative.