Australian Legal Institutions
Principles, Structure, and Organisation
By: Robert Allan Hughes, Geoffrey W. G. Leane, Andrew Clarke
Explains the primary public and private legal institutions that are the fabric of the Australian legal establishment, and places them appropriately within the framework of liberal democratic ideas.
AI Overview
The book "Australian Legal Institutions: Principles, Structure and Organisation" is a comprehensive textbook written by Robert Allan Hughes, Geoffrey W. G. Leane, and Andrew Clarke. Here is a detailed overview of the book:
Key Themes
- Australian Legal System: The book provides an in-depth analysis of the Australian legal system, including its principles, structure, and organization. It covers the foundational elements of the system, such as the role of the judiciary, the legislative branch, and the executive branch.
- Comparative Law: The authors discuss the comparative nature of the Australian legal system, where Australian law is calibrated against the law of other countries. This is evident in the book's discussion of international influences on Australian legal decisions, such as the High Court's willingness to consider global legal developments.
- Evolution of Australian Common Law: The book examines the ongoing evolution of the Australian common law, particularly in the wake of significant cases like Mabo (1992), which had a profound impact on Indigenous land rights.
- Legal Education and Reform: The authors address the evolving landscape of legal education and reform in Australia, including the role of the Australian Law Reform Commission in shaping the legal system.
Plot Summary
The book is structured to provide a clear and systematic understanding of the Australian legal system. It begins with an introduction to the principles and structure of the system, followed by detailed chapters on various aspects such as:
- Parliamentary Institutions: The role of Parliament, the doctrine of the separation of powers, and the rule of law are discussed in depth.
- Judicial Method: The book delves into the judicial method, including traditional and modern approaches to interpretation of statutes.
- Legal Profession: It covers the legal profession, including the roles and responsibilities of legal professionals in Australia.
- Case Studies: Specific case studies are included to illustrate key concepts and principles in action, such as the issue of barristers' immunity discussed in Chapter 12.
Critical Reception
While specific reviews of the book are not provided in the sources, the book is widely recognized as a foundational text in Australian legal studies. It is used in higher education and vocational training programs, indicating its utility and relevance in legal education.
Edition and Publication
The book is in its second edition, published in 2003. The first edition was released in 1996, reflecting the dynamic nature of the legal system and the need for updates to reflect changing global and national legal landscapes.
Availability
The book is available in paperback format and can be purchased from various online retailers, including The Nile and Amazon. It is also listed on StudentVIP, a platform for students to buy and sell textbooks.