It is over eleven years since the previous edition was published by Butterworths (Lexis Nexis). This edition therefore includes information, analysis and critique of the High Court's jurisprudence during that period. Changes have been made to all chapters and encompass other matters such as attempts to reformulate to some degree the principles of characterisation, the freedom of interstate intercourse, a number of problems associated with the relationship of s61 and the common law, trial by jury and the freedom from discrimination of persons resident in other States under s117.
Summary Table of Contents
The Struggle for Standards,
Characterisation: The Subject Matter of a Power,
Characterisation: Matters incidental to the Subject of a Power,
Incidental Power: Trade and Commerce,
The Corporations Power,
Section 92: The Search for a Theory,
Section 92: The ‘Individual Right’ Theory,
Section 92: The Triumph of the Free Trade Theory,
The Separation of Powers,
The Judicial Power of the Commonwealth,
“The Stream Cannot Rise Above its Source” – The Doctrine in the Communist Party Case,
The Crown and the Executive Government,
Australia as a Nation in External and Internal Affairs Intergovernmental Relations,
Representative Government,
Constitutional Rights,
The High Court: Methods, Techniques and Attitudes,
Index
High Court and the Constitution, The
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