Constitutional Law in Australia
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By: Peter John Hanks
Comprehensive guide which reviews the fundamental aspects of the area as it applies to state and federal governments and their political dimensions. Suitable for both students and practitioners. Includes tables of cases and statutes.
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. Here is a detailed overview of the book:
Key Themes
Structure and Function of Government:
- The book delves into both institutional and federal aspects of Australian government, covering foundational concepts such as 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. This includes detailed discussions on the Commonwealth's spending power under Section 81 of the Australian Constitution, which has been a significant site of contest in Australian constitutional law.
Federalism:
- The book explores the relationship between the Commonwealth and the states, including the distribution of powers and the implications of federalism on governance.
Constitutional Decisions:
- It reviews all important constitutional decisions of the High Court of Australia, providing insights into the issues that arise in these decisions and their implications for the legal system.
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, making it a valuable reference for students and practitioners alike.
Critical Reception
Book Review:
- The book has received positive reviews for its comprehensive coverage and in-depth analysis. A review notes that "Hanks Australian Constitutional Law dedicates almost three hundred pages to express and implied constitutional freedoms and the result is an impressively well-striking book" that covers all areas expected in a reference book of this nature.
Editions and Updates:
- The book has undergone several editions, with the seventh edition incorporating recent developments in law and reviewing all important constitutional decisions of the High Court of Australia.
Academic Reception:
- The book is widely regarded as a reliable source of knowledge and insight into the Australian Constitution. It is used in academic settings and is considered essential reading for those studying constitutional law in Australia.
In summary, "Constitutional Law in Australia" by Peter John Hanks is a seminal textbook that provides a thorough understanding of the structure and function of government in Australia, including its institutional and federal aspects. Its comprehensive coverage, in-depth analysis, and regular updates make it a valuable resource for both students and practitioners of constitutional law.