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Topic: Australian constitutional law

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	JSPL - Book Review - Australian Constitutional Law (Site not responding. Last check: 2007-09-08)
		High Court constitutional cases are invariably lengthy, dense and complex but a knowledge of them is fundamental to achieving an understanding of Australian constitutional law.
		The Australian constitution entrenches the notion of the separation of powers within the commonwealth government administration and so the main body of the book examines these three arms of government; parliament, the judiciary and the executive, in detail in chapters four to seven (inclusive).
		The Australian constitution is a unique document drawn up at a time when attitudes were very different from the ideas that fed the preparation and promulgation of most of the constitutions of the South Pacific Island countries.
	www.vanuatu.usp.ac.fj /journal_splaw/Book_Reviews/Bothmann4.html (1084 words)

	Constitutional law - Wikipedia, the free encyclopedia
		Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government.
		A constitution binds a government or governments, limiting the contexts in which rules may be created, interpreted and force may be applied.
		Not all nation-states have constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules, that may be customary law, oral law and written law that apply in the various jurisdictions of such state.
	en.wikipedia.org /wiki/Constitutional_law (370 words)

	ipedia.com: Australian constitutional crisis of 1975 Article (Site not responding. Last check: 2007-09-08)
		The Constitution was drafted through the 1890s and enacted in 1901, thus pre-dating Britain's Parliament Act, 1911, which enshrined this principle of the supremacy of the lower house in the British constitution.
		In the United Kingdom constitution the issue of the power of the Upper House to block supply was encountered, and the power removed from the House of Lords, in the course of the constitutional crisis of 1909 - 1911 (see Parliament Act).
		In the years afterwards, some Australian republicans have used the crisis as an argument for change, on the basis that Australia's current constitution is flawed over (a) the upper house and supply and (b) the lack of security of tenure of the de facto head of state in dealing with a crisis.
	www.ipedia.com /australian_constitutional_crisis_of_1975_1.html (1774 words)

	ALRC - On-line (Site not responding. Last check: 2007-09-08)
		The alternative is a patchwork of federal, state and territory laws (evident in fields such as trade practices and labour law), with the attendant difficulties of gaps in coverage, lack of flexibility and inefficiency.
		Constitutions are intended to be difficult to change because they reflect enduring values of their societies and establish overarching structures within which those societies are governed.
		The Australian federation was originally conceived as a 'layer cake', in which the tiers of government occupied separate and identifiable domains of power and responsibility, with little opportunity or need for interaction.
	www.alrc.gov.au /events/speeches/BRO/20010921.htm (5404 words)

	[No title]
		The Australian constitutions are supplemented by ‘constitutional conventions’, a sort of political customary law, which provide in particular the ‘reserve powers’ of the Governor-General and Governors, and the conventions of parliamentary procedure.
		In these terms, administrative law has two components: a structural component, consisting of the laws that establish the organs of administration, and a supervisory component, consisting mainly of the laws through which the judiciary can be called upon to declare that administrative action has exceeded the administrator’s authority, almost always an authority conferred by legislation.
		The remedies available at common law and equity are the usual equitable remedies of declaration and injunction, as well as types of writ through which a court can quash an administrative decision as invalid, compel an administrator to carry out a duty or stop an administrator from taking action outside their authority.
	www.gtcentre.unsw.edu.au /Study/docs/reillyUnitOuline.doc (3715 words)

	Australian Public Law (Site not responding. Last check: 2007-09-08)
		assess the proportionality of an impugned law to an authorised purpose.
		A domestic law supported by an international treaty must conform to that treaty in that it must be reasonably capable of being considered as "appropriate and adapted" to the implementation of the international treaty obligations i.e.
		The law was said to be supported by the aliens power and the immigration power, although its direct formal legal effect was not on aliens or immigrants but rather on Australian citizens who wished to give them advice and assistance.
	www.ntu.edu.au /faculties/lba/schools/Law/apl/Constitutional_Law/proportionality.htm (6352 words)

	LLRX.com - Update to Researching Australian Law
		Nick was the convenor of the Australian and New Zealand university law librarians group from 1993 to 1999 and was local convenor of the IALL conference held in Melbourne in September 1999.
		Constitution enumerates the legislative powers of the Commonwealth Government with the residue being left to the States (unless a matter is prohibited elsewhere in the Constitution), although the Federal Government has legislated for areas not specifically included in its powers by making use of 'tied grants' to state governments (i.e.
		The Australian Commonwealth Parliament and those of the States are bicameral, with the exception of that of the State of Queensland which abolished its upper house in 1922.
	www.llrx.com /features/australian2.htm (4798 words)

	Articles - Law of Australia (Site not responding. Last check: 2007-09-08)
		The law of Australia consists of the Australian common law (which is based on the English common law), federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories.
		The most important law of Australia is the Constitution of Australia, which describes Australia´s system of constitutional monarchy, and forms the basis for the government of Australia.
		Laws passed by the Parliament of Australia, and common law made by federal courts (such as the High Court of Australia) are federal laws, and apply to the whole of Australia.
	www.centralairconditioners.net /articles/Law_of_Australia (745 words)

	AUSTRALIAN CONSTITUTIONAL LAW
		Concrete Pipes would render law valid or could be seen as activity undertaken for purpose of trade and then student should discuss Tas Dams and the different views there or use Dingian's Case which would also accept the law as valid.
		The issues raised and relevant case law are dealt with on p46-47 of the text and p52-56.
		The case law referred to in that part such as Crowe, Foster, O'Sullivan's Case, Grannall, Beal and the validity of the latter today in the light of Australian Coarse Grains.
	www.law.usyd.edu.au /~library/lawx/septex97/const_c297.htm (1148 words)

	AUSTRALIAN CONSTITUTIONAL LAW
		The trade and commerce power is directed to laws dealing with overseas and inter-state trade and commerce but in some circumstances it may be able to legislate with respect to intra-state trade and commerce.
		If the State law is non discriminatory and the Commonwealth has not protected itself by utilising the protection it can obtain from relying upon s51 (i) and its incidental powers and s 109 the State law may be able to tax Commonwealth employees.
		The law is not addressed to Victoria it is not a law aimed at and directed at Victoria in a discriminatory way but though the law appears to be universal in its practical operation it does discriminate against Vic.
	www.law.usyd.edu.au /~library/lawx/Mar99/const_c.htm (1762 words)

	College of Law Alliance (International)
		As a qualified overseas lawyer you may be eligible to seek admission in one of the Australian state jurisdictions, and then be admitted to practice in other states through the Australian mutual recognition provisions.
		Most Australian jurisdictions require lawyers to meet both academic and practical requirements for admission to practice.
		The College of Law England and Wales is now offering a course in Australian Constitutional Law, developed in consultation with The College of Law in Australia and to be administered by the College of Law Alliance.
	www.collaw.edu.au /cla/ACL.asp (289 words)

	WorldLII - Categories - Countries - Australia - By Subject - Constitutional Law (Site not responding. Last check: 2007-09-08)
		Comprehensive list of resources including detailed information about the Constitution and the preamble, citizenship, civil and political rights, the electoral system, federal and state parliaments, the federal judiciary, the territories, the Governor General, the legislation process, essays, speeches and papers both historical and current to the debate.
		Principles structures and sources of Australian constitutional law the nature of the Australian federal system the structure and powers of the Commonwealth State and Territorial Parliaments.
		The aims of the Forum are to formulate discuss and critically consider the constitutional and legal issues requiring consideration in the public debate on whether or not Australia should become a republic.
	www.worldlii.org /catalog/77.html (396 words)

	AUSTRALIAN CONSTITUTIONAL LAW
		If a Commonwealth law seeks to deal with an intra-state activity there must be some objective physical connection between that activity and overseas or inter-state trade and commerce.
		It is clearly a clinical trial and it is for a limited period to be strictly monitored etc. The Cth law is contrary to the allowable exception and is directly inconsistent with the Convention.
		When characterising the subject matter of the law it may emerge that the laws deal with a different field and there is then no inconsistency see Commercial Radio Co@fs Harbour where a Cth law had granted a right to operate a radio transmitter did not oust a State environmental law.
	www.law.usyd.edu.au /~library/lawx/Aug00/const_c.htm (1350 words)

	LLRX.com - Update to Researching Australian Law
		There is no Australian Bill of Rights, although there have been many proposals to develop one over the years.
		There are a number of respected commentaries on the Australian Constitution, most of them having gone through several editions.
		There are no fixed terms for Australian governments, and although an election must be held after three years they are often called before this time has elapsed, for a variety of reasons.
	www.llrx.com /features/australian.htm (4798 words)

	The Australian Constitution - Is it safe?
		That draft proposed that the Colonial Laws Validity Act of 1865 be repealed and that the powers of the parliament of a Dominion should include the power to repeal or amend any act of the parliament of the United kingdom in so far as the same part was part of the law of the Dominion.
		It was of fundamental importance to Australia that the constitution should be supreme over the legislatures and it was feared that the repeal of the Colonial Laws Validity Act may allow the Australian Parliament to alter the Australian Commonwealth Constitution Act and thereby amend or repeal the Constitution itself.
		If most Australians do not understand their Constitution itself, then, it would not be too hard to visualise that most voters were probably not aware of the proposed changes to both of the Australia Acts prior to the 6 November 1999 republic referendum.
	www.statusquo.org /aru_html/html/const_safe.html (10937 words)

	Catalogue \| LexisNexis Australia
		In continuing to provide a current, comprehensive account of Australian constitutional law this 7th edition of Australian Constitutional Law: Materials and Commentary incorporates recent developments in the law.
		It reviews all of the important constitutional decisions of the High Court of Australia and exposes the issues that arise in those decisions to informed and critical analysis.
		It reviews the place of the territories in the Australian constitutional setting, the relationship between territory governments and the Commonwealth and limitations on territory powers, as these are questions that have come to occupy more of the High Court's attention.
	lexisnexis.com.au /aus/products/catalog/current_htm/B0014.asp?... (212 words)

	Federation Press - Book: Australian Constitutional Law and Theory (Site not responding. Last check: 2007-09-08)
		The final chapter on constitutional change has also been reworked to include a section dealing on Bill of Rights issues as a contrast to that on the republic.
		To the eyes of an Australian teacher of law this is an exciting variation on the legal casebook genre.
		Its choice of readings beyond the boundaries of fl-letter law and the reflectively pedagogical way it introduces materials and discusses issues are ground-breaking.
	www.federationpress.com.au /bookstore/book.asp?isbn=1862875855 (1097 words)

	LEC - Subject Pages - Australian Constitutional Law
		Finally, the course will explore the relationship between the Commonwealth and the States in terms of legislative power.
		The topics chosen for treatment raise questions about the operation of a federal system of government and illustrate the practical workings of a federation.
		Assessment is wholly by examination. However you will only be eligible to sit for the examination in Australian Constitutional Law if you have satisfactorily completed the Committee's course of instruction, including satisfactory completion of Assignment 1.
	www.usyd.edu.au /lec/subjects/constitutional/index.htm (142 words)

	AUSTRALIAN CONSTITUTIONAL LAW
		The case law to be discussed being CYSS; Kelly; Cram and Alcan....
		The balance of the problem needs a discussion of s109 with the main focus being text p369 onwards with special emphasis being given to 'cover the field' and the indicators as to when the federal parliament intends to cover the field.
		The law on its face subjected all to the same burdens, factual operation subjected the inter and intra State trader to the same measures on size, number and freshness.
	www.law.usyd.edu.au /~library/lawx/sept98/const998_c.htm (1116 words)

	Legal Prac Admission Board - Academic Exemptions Guidelines for Overseas Applicants: Lawlink NSW
		Applicants from civil law jurisdictions will normally be required to take all of these subjects.
		However an applicant in this category who has been in sufficiently general practice for a period of not less than five years in a common law jurisdiction or a jurisdiction such as South Africa where the common law has had a significant influence may not be required to study Australian Constitutional Law.
		Most law schools in Canada offer a qualification in common law, but some universities in Quebec offer a degree which is primarily in civil law.
	www.lawlink.nsw.gov.au /lpab.nsf/pages/overseas_academic (747 words)

	webdcass01 (Site not responding. Last check: 2007-09-08)
		Deborah Z Cass teaches constitutional law and international trade law at the Australian National University.
		She is also currently involved in a joint project with the Australian Department of Foreign Affairs and Trade investigating China's accession to the World Trade Organisation.
		Deborah, a barrister and solicitor of the Supreme Court of Victoria, was a recipient of the European Community Visitors Program Scholarship (1993) and the Caltex National Woman Graduate of the Year (1993).
	lionelmurphy.anu.edu.au /webdcass01.htm (958 words)

	The Law Library \| Australian Constitutional Law
		A database containing the full text of the debates and conventions of the 1890's leading up to Federation with a range of participants' accounts and other contextual material from the time.
		These include the Quick and Garran "Annotated Constitution of the Commonwealth of Australia" and "Studies in Australian Constitutional Law" by Andrew Inglis Clark, as well as a large number of books, pamphlets and articles by Deakin,Barton, Parkes, Griffiths, Spence and others.
		Aimed primarily at law students with the aim of providing comprehensive coverage of public law issues (including Constitutional Law).
	www.law.adelaide.edu.au /library/research/subjects/australian_constitutional_law.html (315 words)

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