Constitutional Law in Australia
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By: Peter John Hanks
An exploration of the major themes and issues of the law relating to the structure and function of government in Australia. Uses formal constitutional documents, legislation, judicial decisions, political practice and academic commentary. This second edition has been substantially enlarged to accommodate five years of significant judicial decisions. For legal practitioners and students. Includes a table of contents, table of cases, table of statutes, a bibliography and an index. The author is a member of the Victorian and NSW Bars.
AI Overview
"Constitutional Law in Australia" by Peter John Hanks is a comprehensive textbook that explores the major themes and issues related to the structure and function of government in Australia, covering both institutional and federal aspects. Here is a detailed overview of the book:
Key Themes
- Structure and Function of Government: The book delves into the foundational concepts of Australian constitutional law, including federalism, the separation of powers, parliamentary government, and sovereignty.
- Institutional Aspects: It examines the roles and functions of the three pillars of power: the legislature, the executive, and the courts.
- Federal Aspects: The book discusses the Commonwealth's spending power under Section 81 of the Constitution, which has been a significant area of contest in Australian constitutional law over the past decade.
- High Court Decisions: It reviews all of the important constitutional decisions of the High Court of Australia, highlighting the issues that arise in those decisions and their implications for governance.
Plot Summary
The book begins with a necessary introduction to foundational concepts of Australian constitutional law. It then proceeds to cover various chapters on the different aspects of each of the three pillars of power. The chapters are structured to provide in-depth analysis, rather than just case law extracts, making it a valuable reference for students and practitioners alike.
Critical Reception
The book has received positive reviews for its comprehensive coverage and analytical depth. A review of "Hanks Australian Constitutional Law" praises the book for its impressively detailed coverage of express and implied constitutional freedoms. The reviewer notes that the book is nicely struck, unlike some other books in the genre that are light on analysis and heavy on case law extracts.
Editions and Publication Details
The book has been published in multiple editions. The third edition, published in 2012 by LexisNexis Butterworths, is a 668-page comprehensive guide to constitutional law in Australia.
Additional Resources
For those seeking additional resources, "Constitutional Law in Australia" is often recommended alongside other texts like "Hanks' Australian Constitutional Law: Materials and Commentary" by Jennifer Clarke, Patrick Keyzer, and James Stellios, which provides materials and commentary for deeper understanding.
Overall, "Constitutional Law in Australia" by Peter John Hanks is a seminal work that provides a thorough understanding of the Australian constitutional system, making it an essential resource for students, legal practitioners, and scholars of constitutional law.