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Australian Federal Constitutional LAWBOOK CO. CASEBOOK WINTERTON’S AUSTRALIAN FEDERAL CONSTITUTIONAL LAW COMMENTARY AND MATERIALS THIRD EDITION PETER GERANGELOS (General Editor) HP LEE • NICHOLAS ARONEY • SARAH MURRAY • SIMON EVANS • PATRICK EMERTON BIBLIOGRAPHY TO THE THIRD EDITION Lawbook Co. Winterton’s Australian Federal Constitutional Law: Commentary and Materials, Third Edition Select Bibliography [APP.10] CASEBOOKS ............................................................................................................... 2 [APP.20] REFERENCE BOOKS ................................................................................................... 2 [APP.20] Annotations of Commonwealth Constitution ...................................... 2 [APP.30] Historical Background ............................................................................. 2 [APP.60] Constitutional Reform Proposals: Official Publications ...................... 12 [APP.70] Bibliographies ........................................................................................ 13 [APP.80] High Court ............................................................................................. 14 [APP.90] Justices .................................................................................................... 18 [APP.480] CHAPTER 1: CONSTITUTIONAL FUNDAMENTALS .............................................. 30 [APP.490] CHAPTER 2: PARLIAMENTARY SOVEREIGNTY AND STATE CONSTITUTIONAL LAW ........................................................................................................................... 38 [APP.500] CHAPTER 3: THE EXECUTIVE .................................................................................. 41 [APP.510] CHAPTER 4: INCONSISTENCY ............................................................................... 46 [APP.520] CHAPTER 5: COMMERCE AND CORPORATIONS ................................................. 46 [APP.520] Commerce Power ................................................................................. 46 [APP.530] Corporations Power .............................................................................. 47 [APP.540] CHAPTER 6: EXTERNAL AFFAIRS AND DEFENCE ................................................... 49 [APP.540] External Affairs Power ........................................................................... 49 [APP.550] Defence Power ...................................................................................... 53 [APP.560] CHAPTER 7: COMMONWEALTH FINANCIAL POWERS ........................................ 54 [APP.560] Taxation ................................................................................................. 54 [APP.570] Grants ..................................................................................................... 54 [APP.580] Appropriation ........................................................................................ 57 [APP.590] CHAPTER 8: FREEDOM OF INTERSTATE TRADE AND COMMERCE .................... 57 [APP.600] CHAPTER 9: EXCISE DUTIES ................................................................................... 59 [APP.610] CHAPTER 10: EXPRESS RIGHTS AND FREEDOMS ................................................ 61 [APP.610] General ................................................................................................... 61 [APP.620] Acquisition of Property ......................................................................... 64 [APP.630] Right of State Electors ........................................................................... 64 [APP.640] Trial by jury ............................................................................................ 64 [APP.650] Religion .................................................................................................. 65 [APP.660] Rights of Residents ................................................................................ 66 [APP.670] CHAPTER 11: IMPLIED RIGHTS AND FREEDOMS ............................................... 66 1 Winterton’s Australian Federal Constitutional Law [APP.680] CHAPTER 12: INTERGOVERNMENTAL IMMUNITIES ............................................ 72 [APP.690] CHAPTER 13: THE SEPARATION OF JUDICIAL POWER ......................................... 74 [APP.700] CHAPTER 14: CONSTITUTIONAL INTERPRETATION ............................................ 77 [APP.710] INTERNET CONSTITUTIONAL LAW SITES ............................................................. 85 [APP.710] Australia .................................................................................................. 85 [APP.720] National Constitutions .......................................................................... 86 [APP.730] United States ......................................................................................... 86 CASEBOOKS [APP.10] Blackshield T and Williams G, Australian Constitutional Law and Theory: Commentary and Materials, 5th ed, Federation Press, Sydney, 2010. Howard C and Saunders C, Cases and Materials on Constitutional Law, Law Book Co, Sydney, 1979. Keyzer P, Clarke J and Stellios J, Hanks’ Australian Constitutional Law: Materials and Commentary, 9th ed, Lexis Nexis Butterworths, Sydney, 2012. Lane P, A Digest of Australian Constitutional Cases, 5th ed, LBC Information Services, Sydney, 1996. Ratnapala S, John T, Karean V and Koch C, Australian Constitutional Law: Commentary and Cases, Oxford UP, Melbourne, 2006. Zines L and Lindell G, Sawer’s Australian Constitutional Cases, 4th ed, Law Book Co, Sydney, 1982. REFERENCE BOOKS Annotations of Commonwealth Constitution [APP.20] Attorney-General’s Department, The Australian Constitution Annotated, AGPS, Canberra, 1980 (1976-1979 Cumulative Supplement, AGPS, Canberra, 1980). Australian Government Solicitor, Australia’s Constitution: With Overview and Notes by the Australian Government Solicitor, Commonwealth of Australia, Canberra, 2010. Lane PH, Lane’s Commentary on the Australian Constitution, 2nd ed, Law Book Co, Sydney, 1997 (First Supplement, 1999). Lane PH, The Australian Federal System with United States Analogues, Law Book Co, Sydney, 1972. Moens G and Trone J, Lumb, Moens and Trone The Constitution of the Commonwealth of Australia: Annotated, 8th ed, LexisNexis Butterworths, Sydney, 2011. Quick J and Garran RR, The Annotated Constitution of the Australian Commonwealth, Angus & Robertson, Sydney, 1901 (reprinted by Legal Books, Sydney, 1976, 1995). Saunders C, The Australian Constitution (Annotated), Constitution Centenary Foundation, Melbourne, 2000. Historical Background [APP.30] Anderson H (ed), Tocsin: Radical Arguments Against Federation, Drummond, Melbourne, 1977. 2 [APP.10] Select Bibliography Aroney N, “A Commonwealth of Commonwealths: Late Nineteenth-Century Conceptions of Federalism and their Impact on Australian Federation, 1890-1901” (2002) 23(3) Journal of Legal History 253. Aroney N, “Imagining a Federal Commonwealth: Australian Conceptions of Federalism, 1890-1901” (2002) 30 Federal Law Review 265. Aroney N, The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution, Cambridge UP, Cambridge, 2009. Aveling M, A History of the Australian Natives Association 1871-1900, PhD thesis, Monash University, Melbourne, 1970. Bannon J, The Crucial Colony: South Australia’s Role in Reviving Federation 1891 to 1897, Federalism Research Centre, Canberra, 1994. Barton GB, Notes on Australian Federation and the Draft Constitution Bills Framed by the Conventions of 1891 and 1897, Government Printer, Sydney, 1897. Bastin J, The West Australian Federation Movement, MA thesis, Department of History, University of Melbourne, 1951. Bennett S (ed), Federation, Cassell Australia, Melbourne, 1975. Bennett S (ed), The Making of the Commonwealth, Cassell Australia, Melbourne, 1971. Bennett SC, Annotated Documents on the Making of the Commonwealth of Australia,MA thesis, Australian National University, Canberra, 1967. Brazil P and Mitchell B (eds), Opinions of Attorneys-General of the Commonwealth of Australia with Opinions of Solicitors-General and the Attorney-General’s Department: Volume 1: 1901–14, Volume 2: 1914-23, AGPS, Canberra, 1981 and 1988. Clark D, “Kingston’s Draft Constitution for a United Australia” (2004) 7 Constitutional Law & Policy Review 1. Craig DJ, The Federal Movement in Tasmania 1880–1900, MA thesis, Department of History, University of Tasmania, Hobart, 31 December 1971. Crisp LF, Australian National Government, 5th ed, Longman Cheshire, Melbourne, 1983, pp 1–39 (“The Fathers and their Constitution”). Crisp LF and Hart J (ed), Federation Fathers, Melbourne UP, Melbourne, 1990. de Garis BK, British Influence on the Federation of the Australian Colonies, 1880–1901,D Phil thesis, Oxford University, December 1965. Department of the Senate, The Constitution Makers, 30 Papers on Parliament, Canberra, 1997. Eastman D, The Founding Documents of Australia, Privately Printed, Canberra, 1995. Ely R, A Living Force: Andrew Inglis Clark and the Ideal of the Commonwealth, Centre for Tasmanian Historical Studies, Hobart, 2001. Ely R, “Andrew Inglis Clark on the Preamble of the Australian Constitution” (2001) 75 Australian Law Journal 36. Evans R, Moore C, Saunders K and Jamison B, 1901 – Our Future’s Past, Pan Macmillan, Sydney, 1997. Foster SG, Marsden S and Russell R, Federation: The Guide to the Records, Australian Archives, Canberra, 1998. Gambling J, Aspects of the South Australian Referenda on the Commonwealth Bill,BA (Hons) thesis, University of Adelaide, 1957. Garran RR,
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