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AI Overview

The book "Hanks Australian Constitutional Law: Materials and Commentary" is a comprehensive reference text on Australian constitutional law, authored by Jennifer Clarke, Patrick Keyzer, and James Stephen Stellios. Here is a detailed overview of the book:

Key Themes

  1. Concepts Underlying the Australian Constitution: The book delves into the foundational concepts of Australian constitutional law, including federalism, the separation of powers, parliamentary government, sovereignty, representative government, and responsible government.

  2. Constitutional Decision-Making: It explores constitutional decision-making in context, providing a critical analysis of significant constitutional decisions by the High Court of Australia.

  3. Legislative, Executive, and Judicial Powers: The book covers the different aspects of the three pillars of power: the legislature, the executive, and the courts. It examines how these branches interact and the implications of their decisions on the governance of Australia.

  4. Commonwealth Spending Power: A particularly significant chapter discusses the Commonwealth's spending power under section 81 of the Constitution, which has been a contentious issue in Australian constitutional law over the past decade. This chapter delves into questions about how far the Commonwealth's spending power should extend into constitutionally prescribed areas traditionally left to the states.

Plot Summary

The book begins with an introduction to foundational concepts of Australian constitutional law. It then proceeds to cover various chapters that analyze the different aspects of each of the three pillars of power. The chapters provide in-depth coverage of all areas expected in a reference book of this nature, including critical discussions of key constitutional decisions and their implications.

Critical Reception

The book has received positive reviews for its comprehensive and analytical approach to Australian constitutional law. Here are some excerpts from the reviews:

  • Depth of Analysis: The book is praised for its impressively detailed analysis, unlike other books in the genre that are light on analysis and heavy on case law extracts.

  • Authoritative Casebook: It is described as the authoritative casebook for the study of constitutional law, providing a critical analysis of all important constitutional decisions by the High Court of Australia.

  • Publication Details: The 8th edition of the book, published by LexisNexis Butterworths in 2009, is noted for its extensive coverage and detailed commentary.

Editions and Availability

The book is available in various editions, with the 8th edition being the most recent. It is published by LexisNexis Butterworths and has a total of 1336 pages. The book is also available in an e11 edition, which offers a discounted member price of $149.40.

In summary, "Hanks Australian Constitutional Law: Materials and Commentary" is a seminal work in the field of Australian constitutional law, offering a comprehensive and critically analyzed exploration of the concepts and decisions that shape the country's governance.