Title: Government powers under a Federal Constitution : constitutional law in Australia /
Authors: Pyke, John, 1940-
Year: 2019
Subjects: Constitutional law Australia; Constitutional law; Australia
Abstract: In this new edition of Government Powers Under a Federal Constitution, John Pyke responds to the change that has taken place in constitutional case-law in the past few decades by grouping the topics in a completely new way. The newer developments in political free speech, voting rights, and the protection of the independence of State judiciaries by the Kable doctrine are grouped with older cases on just terms, the rule of law and the separation of powers at the Commonwealth level to show Constitutional Law as, at least in part, a way of enforcing individual rights. Its more traditional role as the divider of powers between the Commonwealth and States has not, of course, gone away, so it is the focus of the other major part of the book - but it is noticeable that there have been very few new cases in this area in the last decade; the emphasis has swung towards Constitutional Law as Human Rights Law. While still paying due regard to the older themes that used to dominate constitutional argument, this is a book on Constitutional Law for the 2020s.--Back cover.
Contents: pt. A. Constitutional concepts and their history. 1. The significance of constitutions and Constitutional law ; 2. Sources of constitutional ideas ; 3. The colonisation of Australia and the development of six self-governing colonies ; 4. Federation and the creation of the Commonwealth Constitution ; 5. Independence - from the sovereignty of the UK Parliament to the Sovereignty of the People -- pt. B. General principles of constitutional law and litigation. 6. The constitution as Supreme law, and an outline of its provisions ; 7. Constitutional litigation ; 8. General principles of interpretation of the Commonwealth Constitution -- pt. C. The "branches" of government, general limits on their powers, and consequences for individual rights. C1. Parliamentary powers and limits on them, other than federal limits ; C2. Executive power and its subjection to law ; C3. Limits inherent in the nature of judicial power -- pt. D. The federal division of legislative powers. D1. The range of Commonwealth legislative powers ; D2. The effects of the Commonwealth Constitution on the states and territories -- pt. E. Possible changes to the federation. 38. New states, and changing the boundaries of states ; 39. Formal alteration of the constitution - the record so far and current issues.