Government powers under a Federal Constitution : constitutional law in Australia

Preface
Contents
Table of Cases
Table of Statutes
PART A CONSTITUTIONAL CONCEPTS AND THEIR HISTORY
1
The Significance of Constitutions and Constitutional Law
2
Sources of Constitutional Ideas
3
The Colonisation of Australia and the Development of Six Self-­governing Colonies
4
Federation and the Drafting of the Commonwealth Constitution
5
Australian Independence — From the Sovereignty of the UK Parliament to the Sovereignty of the People
PART B
GENERAL PRINCIPLES OF CONSTITUTIONAL LAW AND LITIGATION
6
The Constitution as Supreme Law, and an Outline of its Provisions
7
Constitutional Litigation
8
General Principles of Interpretation of the Commonwealth Constitution
PART C
GENERAL CONSTITUTIONAL DOCTRINES APPLYING TO COMMONWEALTH AND STATES
9
The Executive Branch — Governors, Ministers, Executive Councils and Cabinets
10
Sources of Executive Power
11
Limits on Executive Power; Parliamentary Control of Finance and the Rule of Law
12
General Rules as to the Extent of Legislative Power — Four Non-limits
13
Partial Protection of Human Rights by Interpretive Techniques and Quasi-Constitutional Doctrines
14
The Constitutional Freedom of Political Discussion
PART D
THE COMMONWEALTH PARLIAMENT AND ITS POWERS
15
The Choice of Members by the People
16
The Law-making Process
17
Sources and Interpretation of Commonwealth Powers
18
Business-Regulation Powers — Trade and Commerce, Corporations, Other Powers
19
Nation State Powers — Internal Regulation of Government, External Affairs, Defence, Internal Security, Immigration and Aliens
20
Social Powers — Marriage and Divorce; Pensions, Benefits and Health Services; People of Any “Race”
21
The Commonwealth’s Financial Powers — Tax, Grants to the States, and Spending Money
22
A Power, and a Limit on Powers — Acquisition of Property on Just Terms
23
“Federal” Limitations on Commonwealth Power
24
Express, but Weak, Protection of Human Rights by the Constitution
25
Federal Judicial Power I: Judicial Power Cannot be Given to Bodies that are not Courts
26
Federal Judicial Power II: Limits on Parliament’s Power to Give Non-Judicial Powers to Courts and to Regulate their Proceedings
PART E
CONSTITUTIONAL LAW AND THE STATES
27
“Internal” Constitutional Law of the States — A General Power to Make Laws, Subject to “Manner and Form” Provisions
28
General Effects of the Commonwealth Constitution on State Powers — Concurrent Powers, Exclusive Powers and Prohibitions
29
State Laws Not to Impose Customs or Excise Duties
30
Freedom of Interstate Trade, Commerce and Intercourse
31
Discrimination against Out-of-State Residents Prohibited
32
Inconsistency with Laws of the Commonwealth
33
Commonwealth and State Legislative Powers over Each Other, and Their Limits — Intergovernmental Immunities
34
Independence of State and Territory Courts and Judges
35
A Final Note on the States, and the Drive for More Uniform Laws
PART F
THE TERRITORIES
36
Commonwealth Power Over the Territories, and the Powers of the Self-governing Territories
PART G
POSSIBLE CHANGES TO THE FEDERATION
37
New States, and Changing the Boundaries of States
38
Formal Alteration of the Constitution — the Record So Far and Current Issues
Index