Principles of Australian constitutional law [Fifth edition.] 9780409341959, 0409341959

Table of contents :
Full Title
Copyright
Foreword
Author Contribution
Disclaimer
Acknowledgments
Table of Cases
Table of Constitutional Provisions
References
Table of Contents
Chapter One: The Fundamentals of Australian Constitutional Law
Introduction
Australian constitutionalism
Federalism
Parliamentary supremacy
Judicial review
Separation of powers
Responsible government
A constitutional monarchy?
Independence
Who are ‘the people’?
Constitutional change
Chapter Two: Constitutional Method
Introduction
Principles of constitutional interpretation
Characterisation
Precedent
The consequences of invalidity
Chapter Three: Introduction to Australian Federalism
Introduction
Implied immunity
After the Engineers’ case
Concurrent powers and exclusive powers
Special powers
‘Full faith and credit’
References, co-operation and uniform legislation
Chapter Four: The States and the Constitution
Introduction
Legislative power of the states
Extraterritorial power
State power to regulate the Commonwealth
State constitutional limits on state constitutional power
Chapter Five: The Constitution and the Territories
Introduction
Limits on the territories power
Territory self-government
Chapter Six: Trade, Commerce and Intercourse and the Constitution
Introduction
The trade and commerce power
Interpretation of the power
Trade and commerce ‘with other countries’
Trade and commerce ‘among the States’
Characterisation
Freedom of trade, commerce and intercourse among the states
The scope of s 92
Chapter Seven: Taxation under the Constitution
Introduction
‘Taxation’
Fees that are not taxes
Discrimination and preference
Section 55: ‘Tacking’ in tax laws
Section 114
Excise
Chapter Eight: The Constitution and Corporations
Introduction
‘Foreign’, ‘trading’ or ‘financial’ corporations
Character determined by actual or intended activities
‘Formed within the limits of the Commonwealth’
The scope of the corporations power
Chapter Nine: The Constitution and the Races Power
Introduction
What is a ‘race’?
The purpose of the races power
Characterisation
Constutional recognition
Chapter Ten: External Affairs and the Constitution
Introduction
Geographic externality
Australia’s international relations, obligations and concerns
Implementation of treaty obligations
Matters of ‘international concern’
Relations with other countries
What are the limits on the external affairs power?
Chapter Eleven: Acquisition of Property on Just Terms under the Constitution
Introduction
Property
Acquisition
Just terms
‘In respect of which the Parliament has power to make laws’
Chapter Twelve: The Conciliation and Arbitration Power under the Constitution
Introduction
Industrial dispute
‘Extending beyond the limits of any one State’
Conciliation and arbitration
Characterisation
Chapter Thirteen: The Federal Executive Power under the Constitution
Introduction
The Executive
Executive power of the Commonwealth
The execution and maintenance of Commonwealth laws
The ‘execution’ of the Constitution
The ‘maintenance’ of the Constitution
Prerogative powers
The ‘nationhood’ power
Capacities of the Crown
Executive immunity
Chapter Fourteen: Appropriations, Grants and the Management of State Debts
Introduction
Commonwealth appropriations
Grants to the states
Management of state debts
‘Fiscal federalism’
Chapter Fifteen: Trial by Jury under the Constitution
Introduction
Limits on s 80
The scope of the guarantee
Chapter Sixteen: Freedom of Religion under the Constitution
Introduction
What is a ‘religion’?
The ‘establishment’ clause
Imposing religious observance
Free exercise of any religion
No religious test required
Chapter Seventeen: The Constitutional Prohibition on Discrimination on the Grounds of State Residence
Introduction
The early approach
A new approach to s 117
Chapter Eighteen: Freedom of Political Communication under the Constitution
Introduction
The early cases
The breakthrough
Freedom of political communication post-McCloy: The new three-step Lange test
Other implied freedoms?
Chapter Nineteen: Judicial Power of the Commonwealth
Introduction
Powers that are incidental to the exercise of judicial power
What are ‘courts’?
‘Judicial power’
Rights arising from the separation of judicial power
Exceptions to the fundamentals
Chapter Twenty: The Constitutional Jurisdiction of the High Court
Introduction
The appellate jurisdiction of the High Court
The original jurisdiction of the High Court
The High Court’s constitutional jurisdiction
The cross-vesting scheme
Chapter Twenty-one: Inconsistency of Laws under the Constitution
Introduction
Laws must be valid and operative
Inconsistency
Repugnancy of laws in the territories
Invalidity — the consequences of s 109 inconsistency
Chapter Twenty-Two: The Defence Power under the Constitution
Introduction
‘The naval and military defence of the Commonwealth’
Nature and operation of the defence power
Wartime
Transition from war to peace
Peacetime
Preparation for war
Characterisation
Limits on the power?
Commonwealth of Australia Constitution Act (‘the Constitution’)
Australia Act 1986
Index