Australian Constitutional Law and Theory - Softcover
In its sixth edition, Australian Constitutional Law and Theory: Commentary and Materials has undergone a major rewrite. Every chapter has been reviewed and revised, with fresh choices made for cases and extracts to ensure that the book reflects the contemporary approach of the High Court and recent Australian and international scholarship. Particular attention has been paid to improving the accessibility of the book. Commentary has been rewritten to provide clearer explanation of concepts and case outcomes, and paragraph numbering has been introduced throughout the book to allow for the ready identification of specific points.
Major cases added since the last edition include: Williams v Commonwealth (School Chaplains Case), Momcilovic v The Queen, Kirk v Industrial Court of New South Wales, Cadia Holdings Pty Ltd v New South Wales, New South Wales v Kable, Haskins v Commonwealth, Plaintiff M47-2012 v Director-General of Security, Assistant Commissioner Condon v Pompano Pty Ltd, South Australia v Totani, Wainohu v New South Wales, Roy Morgan Research Pty Ltd v Commissioner of Taxation, R v LK, Betfair Pty Ltd v Racing New South Wales, Sportsbet v New South Wales, JT International SA v Commonwealth, Hogan v Hinch, Wotton v Queensland, Monis v The Queen and Fortescue Metals Group Ltd v Commonwealth. As this list indicates, the sixth edition has been brought up to date for every significant legal development in the field.
Other changes in this new edition include:
Major revisions to the first chapters of the book to provide a more accessible introduction to the subject.
The introduction of many new extracts from contemporary Australian and international scholarship, including material written by current members of the High Court on topics such as constitutional interpretation and proportionality.
The complete revision of the chapter on constitutional change, including through the introduction of a new section on the forthcoming referendum on Aboriginal recognition in the Constitution.
The development of a new chapter on human rights, which includes new material on subjects such as the principle of legality and the new regime for parliamentary scrutiny on human rights grounds of federal legislation.
Major new additions on the separation of judicial power relating to matters such as challenges to State anti-bikie laws and the introduction of new limits on State legislative power to limit judicial review.
A change in focus to hone in on contemporary debates by way of the addition of many extracts and the development of commentary in chapters such as those on constitutional interpretation, federalism
The rewriting of the chapters on the implied freedom of political communication to pare back the pre-Lange material in favour of the clearer development of the law after that decision in light of recent cases decided by the High Court.
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Review:
It remains a great resource for practitioners wanting an authoritative guide to Australian constitutional law or a quick reference if a constitutional issue pops up in your practice.Blackshield & Williams remains a must-have for law students who would like more depth of analysis and longer case notes than are provided in many of the comparable constitutional law texts. For practitioners, it is a great book to have on the shelf - you can dip into it when a constitutional issue arises and it will guide you to the key cases if you need more. Read full review... - Sky Mykyta, InPrint, Law Institute Journal Victoria, September 2014 Reviews of previous editions: The happy collaboration of these two great legal scholars has made Australian Constitutional Law and Theory in the words of one reviewer, "the most comprehensive treatment of Australian Constitutional law available today." I have read each edition of the book and, despite the presence of other outstanding constitutional treatises, I agree with that opinion. Unsurprisingly, however, because the authors have added much new material and significantly rewritten many subjects, they have cutback on a good deal of material that appeared in the fourth edition. This, I think, has resulted in a tighter focus on the key contemporary constitutional issues such as federalism and judicial power.But it would be a serious mistake to think that Australian Constitutional Law and Theory is or ever was simply a student's casebook. Like its previous editions, it contains a wealth of material drawn from many writers and publications in addition to extracts from the cases, material which is often extensive and always relevant.In a review in the Law Institute Journal of Victoria, Michael Gronow said that, when he first read the extremely laudatory reviews on the back cover of a previous edition, he doubted whether any book could justify such enthusiasm. But he said he was wrong and that it was a book which one should own, read and revere, comments with which I entirely agree.The Hon Michael McHugh's launch speech, Friday 19 February 2010 The text is not limited to students; it is equally relevant to practitioners, researchers, government officials and politicians who need to appreciate and understand the principles and basis for our constitutional framework. ... The fourth edition is comprehensive in its coverage.CJ King, Victorian Bar News A superb book. One of the best casebooks in any country that I have ever come across. Greg Taylor, Monash University [The third edition] is scholarly, informative, challenging and innovative. It certainly belongs on the shelf of anybody who is seriously interested in constitutional law.Alternative Law Journal, Vol 28(1), February 2003 Blackshield and Williams's new edition is a comprehensive guide to Australian constitutional law. Its real value, distinguishing it from similar texts, lies in its comprehensive coverage of Constitutionalism, Constitutional History, Sovereignty and Government. Further, the third edition introduces or expands material directly addressing issues of Human Rights, the Bill of Rights debate and Reconciliation. ... [The book] provides an invaluable background resource for all things constitutional and governmental ... The third edition is a timely resource for Civil Libertarians who have an involvement in the processes of government.Civil Liberty, Issue 189, June 2002 The book is much more than a casebook. It contains a wide range of materials, including excerpts from a broad range of writers and commentators. The contents of the book do provide, as the authors claim in their preface, 'the materials and commentary needed to understand the doctrines and theories behind the law'. More than that, it contains materials relevant to many questions of general interest such as the role of the courts, the appointment and removal of judges and the republican debate, to mention but a few. ... Indeed it is surprising how much the authors have succeeded in including in the book. That is all to the good. For too long, graduates have emerged from our Law Schools ill-equipped to participate in the contemporary controversies relating to topics which they have studied at the Law School.Sir Anthony Mason AC KBE A book of many useful and original insights. The authors helpfully stand back from the detail and reflect on the big questions - which is, after all, what constitutional law is usually about.Justice Michael Kirby AC CMG An excellent basis for teaching Australian constitutional law.Dennis Rose QC, Canberra Bulletin of Public Administration A source book par excellence for students of Australian law, politics and government ... a careful, expert selection of extracts with high quality commentary and effective finding aids.Alan Rose, Victorian Law Institute Journal Students of constitutional law and politics will find it indispensable.The Australian Higher Education Supplement The text is a rich well edited and widely sourced collection of materials capable of sustaining wide-ranging and extensive research perspectives and primary source material.Peter Tsingos Brilliant! The best Australian casebook I have read in any area of law.Professor Neil Rees A text which is dynamic and refreshing ... a comprehensive compilation.Cynthia Sneddon, Newcastle Law Review It has rapidly and deservedly become the leading available casebook for teachers and students of law interested in the theoretical dimension to the subject.Craig Arnott, Law Text Culture 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 black-letter law and the reflectively pedagogical way it introduces materials and discusses issues are ground-breaking. This time the range of sources is often inspired.Penelope Pether, Alternative Law Journal There is no doubt that the book will be of immense interest and utility to all readers. It is a mine of well-presented information relating to a variety of issues of the greatest importance to all Australians.The Law Letter (Law Society of Tasmania) It offers much more than the usual cases and materials text. In my view - and in the view of others - it is the most comprehensive treatment of Australian constitutional law available today.David Hodgkinson, Ethos (Law Society of the ACT) This is an exciting book. In only two years since the first edition, it has established itself as the leading Australian student casebook on its subject. It includes a wide-ranging and interesting collection of materials, and sparse but efficient commentary. It is a delight to leaf through, and even more of a delight to read carefully on a given topic... Students (and practicing lawyers) who read this book carefully will gain a rounded constitutional education. And they will have pleasure in doing so. When I first got the book, and read the extremely laudatory reviews on the back cover, I doubted whether any book could justify such enthusiasm. I was wrong. This is a book which one should own, read and revere.Michael Gronow, Law Institute Journal (Victoria)
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- PublisherFederation Press
- Publication date2014
- ISBN 10 1862879184
- ISBN 13 9781862879188
- BindingPaperback
- Edition number6
- Number of pages1500
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