Principles of Australian constitutional law

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