DOCSLIB.ORG

Bibliography

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Bibliography 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 ........................... 11 [APP.70] Bibliographies ............................................................................................. 12 [APP.80] High Court .................................................................................................. 13 [APP.90] Justices ........................................................................................................ 16 [APP.480]CHAPTER 1: CONSTITUTIONAL FUNDAMENTALS ................................................. 27 [APP.490]CHAPTER 2: PARLIAMENTARY SOVEREIGNTY AND STATE CONSTITUTIONAL LAW .............................................................................................................................. 33 [APP.500]CHAPTER 3: THE EXECUTIVE ..................................................................................... 35 [APP.510]CHAPTER 4: INCONSISTENCY .................................................................................. 41 [APP.520]CHAPTER 5: COMMERCE AND CORPORATIONS ................................................... 42 [APP.520]Commerce Power ...................................................................................... 42 [APP.530]Commerce Power ...................................................................................... 43 [APP.540]CHAPTER 6: EXTERNAL AFFAIRS AND DEFENCE ..................................................... 44 [APP.540]External Affairs Power ................................................................................ 44 [APP.550]Defence Power ........................................................................................... 48 [APP.560] CHAPTER 7: COMMONWEALTH FINANCIAL POWERS ....................................... 48 [APP.560]Taxation ...................................................................................................... 48 [APP.570]Grants ......................................................................................................... 49 [APP.580]Appropriation ............................................................................................. 51 [APP.590] CHAPTER 8: FREEDOM OF INTERSTATE TRADE AND COMMERCE .................... 51 [APP.600] CHAPTER 9: EXCISE DUTIES ................................................................................... 53 [APP.610] CHAPTERS 10: EXPRESS RIGHTS AND FREEDOMS .............................................. 55 [APP.610]General ....................................................................................................... 55 [APP.620]Acquisition of Property .............................................................................. 57 [APP.630]Right of State Electors ............................................................................... 58 [APP.640]Trial by jury ................................................................................................. 58 [APP.650]Religion ....................................................................................................... 58 [APP.660]Rights of Residents ..................................................................................... 59 [APP.670] CHAPTER 11: IMPLIED RIGHTS AND FREEDOMS ................................................. 60 1 Winterton’s Australian Federal Constitutional Law [APP.680] CHAPTER 12: INTERGOVERNMENTAL IMMUNITIES ........................................... 65 [APP.690] CHAPTER 13: THE SEPARATION OF JUDICIAL POWER ......................................... 67 [APP.700] CHAPTER 14: CONSTITUTIONAL INTERPRETATION ............................................ 70 [APP.710] WORLD WIDE WEB CONSTITUTIONAL LAW SITES .............................................. 76 [APP.720] Australia .................................................................................................... 77 [APP.730] United States ............................................................................................ 77 CASEBOOKS [APP.10] Blackshield T and Williams G, Australian Constitutional Law and Theory: Commentary and Materials, 5th ed, Federation Press, Sydney, 2010. Keyzer P, Clarke J and Stellios J, Hanks’ Australian Constitutional Law: Materials and Commentary, 9th ed, Lexis Nexis Butterworths, Sydney, 2013. Howard C and Saunders C, Cases and Materials on Constitutional Law, Law Book Co, Sydney, 1979. 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] Quick J and Garran R R, The Annotated Constitution of the Australian Commonwealth, Angus & Robertson, Sydney, 1901 (reprinted by Legal Books, Sydney, 1976, 1995). 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 P H, Lane’s Commentary on the Australian Constitution, 2nd ed, Law Book Co, Sydney, 1997. (First Supplement, 1999.) Lane P H, 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. 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. Aroney N T, “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. 2 [APP.10] Select Bibliography Aroney N T, “Imagining a Federal Commonwealth: Australian Conceptions of Federalism, 1890-1901” (2002) 30 FL Rev 265. Aroney N T, The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution, Cambridge UP, Cambridge, 2009. Australasian Federation Conference 1890: Debates, Centenary edition, Legal Books, Sydney, 1990. 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 G B, 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, Melbourne, 1951. Bennett S C, Annotated Documents on the Making of the Commonwealth of Australia, MA thesis, Australian National University, Canberra, 1967. Bennett S (ed), Federation, Cassell Australia, Melbourne, 1975. Bennett S (ed), The Making of the Commonwealth, Cassell Australia, Melbourne, 1971. 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, 1988, respectively. Clark D, “Kingston’s Draft Constitution for a United Australia” (2004) 7 CLPR 1. The Constitution Makers (1997) 30 Papers on Parliament. Craig D J, The Federal Movement in Tasmania 1880–1900, MA thesis, Department of History, University of Tasmania, Hobart, 31 December 1971. Crisp L F, Australian National Government, 5th ed, Longman Cheshire, Melbourne, 1983, pp 1–39 (“The Fathers and their Constitution”). Crisp L F (and Hart J (ed)), Federation Fathers, Melbourne UP, Melbourne, 1990. de Garis B K, British Influence on the Federation of the Australian Colonies, 1880–1901,D Phil thesis, Oxford University, December 1965. 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 ALJ 36. Eastman D, The Founding Documents of Australia, Privately Printed, Canberra, 1995. Evans R, Moore C, Saunders K and Jamison B, 1901 — Our Future’s Past, Pan Macmillan, Sydney, 1997. Foster S G, 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, Adelaide, 1957. Garran R R, The Coming Commonwealth: An Australian Handbook of Federal Government, Angus & Robertson, Sydney, 1897. Goldring J, The Privy Council and the Australian Constitution, University of Tasmania Law P, 1996. Griffith S W, Notes on Australian Federation: Its Nature and Probable Effects, Government Printer, Brisbane, 1896 (reprinted
Load more

Recommended publications
  • The Role of Negative Implications in the Interpretation of Commonwealth Legislative Powers
    THE ROLE OF NEGATIVE IMPLICATIONS IN THE INTERPRETATION OF COMMONWEALTH LEGISLATIVE POWERS MICHAEL STOKES* One of the bases for the view that Commonwealth powers should be interpreted broadly is the idea that it is wrong to draw negative implications from positive grants of power. The paper argues that far from being wrong to draw negative implications from positive grants of power it is necessary to do so in that it is impossible to interpret such grants sensibly without drawing negative implications from them. This paper considers Isaacs J’s argument in Huddart Parker that it is wrong to draw negative implications from positive grants of power, as it is the most detailed defence of that position, and the adoption of similar arguments in Work Choices. It then considers the merits of Isaacs J’s argument, rejecting it because it is impossible to interpret positive grants of power without drawing negative implications from them in any context and in the Australian constitutional context in particular. This paper looks at how the scope of such implications is to be determined and how constitutional grants of power ought to be interpreted in the light of negative implications. It concludes that it is possible to determine the scope of the negative implications implicit in the s 51 grants of power and to interpret those powers in the light of the implications while accepting that state powers are residual and that their content cannot be determined until the content of all Commonwealth powers is known. CONTENTS I Introduction .............................................................................................................. 176 II The Origin of the Argument That It Is Wrong to Draw Negative Implications from Positive Grants of Power .......................................................
    [Show full text]
  • Australian Academy of the Humanities
    Australian Academy of the Humanities AUSTRALIAN ACADEMY OF THE HUMANITIES ANNUAL REPORT 2017–18 annual report 2017–18 AUSTRALIAN ACADEMY OF THE HUMANITIES ANNUAL REPORT 2017–18 This document is a true and accurate account of the activities and abridged financial report of the Australian Academy of the Humanities for the financial year 2017–18, in accordance with the reporting requirements of the Academy’s Royal Charter and By-laws, and for the conditions of grants made by the Australian Government under the Higher Education Support Act 2003 (Cth). CONTENTS The Year at a Glance iv Publications and Communications 17 From the President vi Grants and Awards 18 From the Executive Director viii International Activities 21 Governance 1 Obituaries 23 The Fellowship 3 Treasurer’s Statement 46 Policy and Research 9 Abridged Financial Statements 47 Events 12 ACKNOWLEDGEMENTS Funding for the production of this report and a number of the activities described herein has been provided by the Australian Government through the Department of Education and Training. The views expressed in this publication do not necessarily reflect the views of the Department of Education and Training. The photographs and certain identified inclusions in the text are held under separate copyright and may not be reproduced in any form without the permission of the respective copyright holders. Every reasonable effort has been made to contact relevant copyright holders for illustrative material in this report. Where this has not proved possible, the copyright holders are
    [Show full text]
  • WD Scott and Co Pty Ltd the Judicial Role
    341 ---------,-------SEMINARSE~nNl\R ON 01DIRECTIONS RECTIONS IN PUDLIC POLICY WEN1'WOg:ri~ .'!!'C;TEL,_'!!'C;TEL, SYDNEY, FRIDAY, 25 JUNE 1982 THE JUDICIAI.JillLL ADMINISTRATIyEADMINISTRATIVE REFORM,REFORM. THE CQU[(Ulli1lCOUlill.JlliD. GOING TOO FAR? The Bon. Mr. Justice M. D. Kirby Chairman of the Australian Law Reform Commission June 1982 . -~-~"------~-~"-----------.._------------- W.D. SCOTT AND CO., PTY LIMITED MANAGEMENT CONSULTANTS SEMINAR ON DIRECTIONS IN PUBLIC POLICY WENTWORTH HOTEL, SYDNEY, FRIDAY, 25 JUNE 1982 THE JUDICIAL ROLE, ADMINISTRATIVEADMlNISTRATIVE REFORM, THE COURTS AND GOING TOO FAR? The Hon Mr Justice M.D. Kirby Chairman of the Australian Law Reform Commission CHRISTIAN VIRTUES, THE JUDICIARY AND RETIREMENT This is a time of change in the jUdiciary.judiciary. Sir NinjanNinian Stephen, a High Court Judge,JUdge, has become Governor-General Designate. Sir Keith Aickin, a Judge of the High Court of Australia for only six years died last week. Two vacancies remain to be filled on our highest court. Judges are retiring early. A New Zealand ju'dge, Mr Justice Speight retired last month after 15 years on the bench of the SU[H'eme Court, now called the High Court of New Zealand. He is aged 60 years but he had a potential of 12 further years ahead on him in th? judicial harness. In New Zealand judges retire at 72. In Australia (save for Victoria) they retire, generaUy, at 70. Mr Justice Speight· explained '1 just feel I have had enough'. Those of you who read the pape['"spapers earlier in the week will have seen that jUdgesjudges emerged once again as number one in the Australian social status of occupations, according to an opinion poll.
    [Show full text]
  • High Court of Australia
    HIGH COURT OF AUSTRALIA ANNUAL REPORT 2000-01 High Court of Australia Canberra ACT 7 December 2001 Dear Attorney, In accordance with Section 47 of the High Court of Australia Act 1979, I submit on behalf of the Court and with its approval a report relating to the administration of the affairs of the High Court of Australia under Section 17 of the Act for the year ended 30 June 2001, together with financial statements in respect of the year in the form approved by the Minister for Finance. Sub-section 47(3) of the Act requires you to cause a copy of this report to be laid before each House of Parliament within 15 sitting days of that House after its receipt by you. Yours sincerely, (C.M. DOOGAN) Chief Executive and Principal Registrar of the High Court of Australia The Honourable D. Williams, AM, QC, MP Attorney-General Parliament House Canberra ACT 2600 CONTENTS Page PART I - PREAMBLE Aids to Access 4 PART II - INTRODUCTION Chief Justice Gleeson 5 Justice Gaudron 5 Justice McHugh 6 Justice Gummow 6 Justice Kirby 6 Justice Hayne 7 Justice Callinan 7 PART III - THE YEAR IN REVIEW Changes in Proceedings 8 Self Represented Litigants 8 The Court and the Public 8 Developments in Information Technology 8 Links and Visits 8 PART IV - BACKGROUND INFORMATION Establishment 9 Functions and Powers 9 Sittings of the Court 9 Seat of the Court 11 Appointment of Justices of the High Court 12 Composition of the Court 12 Former Chief Justices and Justices of the Court 13 PART V - ADMINISTRATION General 14 External Scrutiny 14 Ecologically Sustainable Development
    [Show full text]
  • Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
    Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research.
    [Show full text]
  • Constitutional Law Note
    CONSTITUTIONAL LAW NOTE Topic 1, 2 – The Structure of Parliament and Legislative Procedures o The Structure .......................................................................................................... 3 o Duration and Membership ..................................................................................... 5 o Standard Legislative Procedures: Commonwealth and States ............................... 8 o Commonwealth Alternative Procedures (section 57) ............................................ 10 o Commonwealth Restrictive Procedures (section 128) .......................................... 13 o Special Procedures for Financial Legislation (section 53, 54, 55) ........................ 15 o State Restrictive Procedures .................................................................................. 19 Topic 3 – Characterisation and Interpretation o Principles of Constitutional Interpretation ............................................................. 25 o The Process of Characterisation ............................................................................. 28 Topic 4 – Financial and Economic Powers o Taxation Power – section 51(ii) ............................................................................. 33 o Grants Power – section 96 ..................................................................................... 36 o Appropriation Power – section 81 ......................................................................... 38 o Corporations Power – section 51(xx) ...................................................................
    [Show full text]
  • Macquarie Uni Sir Edward Mctiernan a Ninetieth Year Memoir
    318 MACQUARIE UNIVERSITY AUSTRALIAi''!AUSTRALLfu~ JOURNAL OF LAW AND SOCIETY SIR Em:ARD McTIEKll\NMcTlEKll\N A NINI NET! ETH YEAR MEMOMEHO IRI R The Hon. Mr ..Justice M.D. Kirby Chairman of the Australian Law Reform Conunission March 1982 ------------------- MACQU ARIE UNIVERSITY . AUSTRALIAN JOURNAL OF LAW AND SOCIETY SIR EDWARD McTIERNAN: A NINETIETH YEAR MEMOIR The Hon. Mr. Justice M.D. Kirby * Chairman of the Australian Law Reform Commission THE CULT OF JUDICIAL PERSONALITY The creation of the High Court of Australia as a Federal supreme court at the 8!?eXB!?eX of the Australian judicial system and the appointrn ent to the Court of a small number of lawyers -inevitably attracts attention to the personalities of its members. Generations of lawyers have s[?ent-s[!ent- countless hours analysing the written words emanating from the High Court in the pages of the Commonwealth Law Reports. Vigorous speculation, now spilling over to the public press, attends the apDointment of new Justices. Great national controversy attended the retirement of Sir Garfield Barwick as Chief Justice and the appointment 'of his successor. I The r~tirement of Sir Ninian Stephen to accept appointment to the office of Governor-General of Australia from July 1981 likewise sparked a controversy which is current at this time of writing. In the public media, betting odds are offered on the chances of prospective candidates for appointment, the names of the haplesshal?less alternatives, and their comparative professional distinctions being reduced to the mathematical equation of some unnamed speCUlator'ssl?eculator's fancy. Endless hours of gossip have engaged succeeding decades of Australian lawyers concerning the personality, performance, te~perament and judicial attitudes of the Justices of the High Court.
    [Show full text]
  • The Idea of a Federal Commonwealth
    Chapter One Th e Idea of a Federal Commonwealth* Dr Nicholas Aroney Arguably the single most important provision in the entire body of Australian constitutional law is s. 3 of the Commonwealth of Australia Constitution Act 1900 (UK). Th is section authorised Queen Victoria to declare by proclamation that the people of the several Australian colonies should be united in a Federal Commonwealth under the name of the Commonwealth of Australia. Several things are at once noticeable about this provision. Of primary importance for present purposes is that, while the formation of the Commonwealth depended upon an enactment by the Imperial Parliament at Westminster and a proclamation by the Queen, the Australian Commonwealth was itself premised upon the agreement of the people of the several colonies of Australia to be united into a federal commonwealth. Th e framers of the Constitution could arguably have used any one of a number of terms to describe the nature of the political entity that they wished to see established. Th e federation was established subject to the Crown and under a Constitution, so they might have called it the Dominion of Australia and describeddescribed it as a constitutional monarchy. Th e Constitution was arguably the most democratic and liberal that the world had yet seen, so perhaps they could have called it the United States of Australia and describeddescribed it as a liberal democracy. But to conjecture in this way is to hazard anachronism. Th e framers of the Constitution chose to name it the Commonwealth of Australia and toto describedescribe it as a federal commonwealth.
    [Show full text]
  • How Federal Theory Supports States' Rights Michelle Evans
    The Western Australian Jurist Vol. 1, 2010 RETHINKING THE FEDERAL BALANCE: HOW FEDERAL THEORY SUPPORTS STATES’ RIGHTS MICHELLE EVANS* Abstract Existing judicial and academic debates about the federal balance have their basis in theories of constitutional interpretation, in particular literalism and intentionalism (originalism). This paper seeks to examine the federal balance in a new light, by looking beyond these theories of constitutional interpretation to federal theory itself. An examination of federal theory highlights that in a federal system, the States must retain their powers and independence as much as possible, and must be, at the very least, on an equal footing with the central (Commonwealth) government, whose powers should be limited. Whilst this material lends support to intentionalism as a preferred method of constitutional interpretation, the focus of this paper is not on the current debate of whether literalism, intentionalism or the living constitution method of interpretation should be preferred, but seeks to place Australian federalism within the broader context of federal theory and how it should be applied to protect the Constitution as a federal document. Although federal theory is embedded in the text and structure of the Constitution itself, the High Court‟s generous interpretation of Commonwealth powers post-Engineers has led to increased centralisation to the detriment of the States. The result is that the Australian system of government has become less than a true federation. I INTRODUCTION Within Australia, federalism has been under attack. The Commonwealth has been using its financial powers and increased legislative power to intervene in areas of State responsibility. Centralism appears to be the order of the day.1 Today the Federal landscape looks very different to how it looked when the Australian Colonies originally „agreed to unite in one indissoluble Federal Commonwealth‟2, commencing from 1 January 1901.
    [Show full text]
  • Annual Report 2009-2010
    CORPORATIONS AND MARKETS ADVISORY COMMITTEE ANNUAL REPORT 2009-2010 Corporations and Markets Advisory Committee www.camac.gov.au Corporations and Markets Advisory Committee Annual Report 2009–10 © Corporations and Markets Advisory Committee 2010 ISSN 1447 8048 (print version) ISSN 1449 0099 (on-line version) This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca. Contact details For information about this report or about the work of the Committee, please contact: John Kluver Executive Director Corporations and Markets Advisory Committee GPO Box 3967 SYDNEY NSW 2001 Tel: 02 9911 2950 Fax: 02 9911 2955 Email: [email protected] The Advisory Committee’s homepage is: www.camac.gov.au This report can be found at: www.camac.gov.au The Advisory Committee’s location is: Level 16 60 Margaret Street SYDNEY Level 16, 60 Margaret Street, Sydney GPO Box 3967 Sydney NSW 2001 Telephone: (02) 9911 2950 Facsimile: (02) 9911 2955 Email: [email protected] Website: www.camac.gov.au 24 September 2010 The Hon. David Bradbury MP Parliamentary Secretary to the Treasurer Parliament House CANBERRA ACT 2600 Dear Parliamentary Secretary I am enclosing the annual report for 2009–10 of the Corporations and Markets Advisory Committee. The report has been prepared in accordance with s 162 of the Australian Securities and Investments Commission Act 2001 (the ASIC Act) and the Requirements for Annual Reports for departments, executive agencies and FMA Act bodies, approved by the Joint Committee of Public Accounts and Audit in June 2010.
    [Show full text]
  • Bella Donna! Bar Dinner 2009 No
    VICTORIAN BAR NEWS Bella Donna! Bar Dinner 2009 No. 147 No. I SSN 0159-3285 noBleSSe SPRING Blazing away The Bushfires oBlige 2009 Royal Commission KirbyVICTORIAN aC BAR on NEWS Pro Spring Bono 2009 1 VICTORIAN BAR COUNCIL VICtorian BAR NEWS Clerk EDITORS Published by The Victorian Bar Inc. D Digby QC, J. (Chairman) Georgina Schoff, Paul J Hayes Owen Dixon Chambers G Colbran QC, M.J. (Senior Vice-Chairman) 205 William Street, D *Moshinsky, SC, M.K. (Junior Vice-Chairman) CONTRIBUTORS Melbourne 3000. D *Fajgenbaum QC, J.I. The Honourable Michael Kirby AC CMG, Registration No. A 0034304 S L Priest QC, P.G. the Honourable Justice Peter Vickery, W Murphy QC, B.A. David Curtain QC, Greg Davies QC, This publication may be cited as H Tobin SC, P.T. Julian Burnside AO QC, Adrian Ryan SC, (2009) 147 Vic B.N. A Anastassiou SC, P.E. Andrew Bristow, Michael O’Connell, A Macaulay SC, C.C. Geraldine Gray, Tom Pikusa, Renee Enbom, Opinons expressed are not necessarily H McGarvie SC, R. Elizabeth Bennett and Nigel Leichardt. those of the Bar Council or the Bar or of D Alstergren, E.W. (Honorary Treasurer) any person other than the author. D Stuckey, S.W. (Assistant Honorary Treasurer) DESIGN/PRODUCTION D *Hinchey S.L. Ron Hampton Printed by Impact Printing F Walsh M.J. David Johns (Photography) 69 –79 Fallon Street, Brunswick D Connor P.X. Vic. 3056 F Knights K.J. ADVERTISING G Anderson K.J.D. Miriam Sved Contributions to VBN Boilerplate should T Sharpe, M.R. The Victorian Bar Inc.
    [Show full text]
  • What Is Executive Power?
    1 What is Executive Power? I Introduction In the 1988 case of Davis v Commonwealth, Mason J said of executive power that it is potentially very broad yet ‘its scope [is not] amenable to exhaustive definition.’1 Executive power is a power with significant content but ill-defined limits. It is not the particular power of lawmaking, or of determining disputes but, rather, the general power to carry out all the other functions of government. In the Westminster tradition, all governmental power derived originally from the Crown2 and independent legislative3 and judicial4 functions were a subsequent development. The Coronation Charter of Henry I, the immediate successor to William I and, therefore, the first postconquest king to have a coronation as such, illustrates the breadth of the original power of the Crown (the following excerpts indicating executive, judicial and legislative power respectively): 1 Davis v Commonwealth (1988) 166 CLR 79, 93. 2 Magna Carta 1215 (Imp); NSW v Commonwealth (1975) 135 CLR 337, 480, 487–91 (‘Seas and Submerged Lands Case’) (Jacobs J); J H Baker, An Introduction to English Legal History, (Butterworths, 2nd ed, 1979) 12–15; John Gillingham, ‘The Early Middle Ages 1066–1290’ in Kenneth Morgan (ed), The Oxford Illustrated History of Britain (Oxford University Press, 1984), 104; Elizabeth Wicks, The Evolution of a Constitution: Eight Key Moments in British Constitutional History(Hart, 2006) 3–6; cf Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106, 137–8 Mason CJ discussing ‘sovereign power which resides in the people’ by virtue of the mechanism for constitutional amendment being a referendum under s 128 of the Constitution.
    [Show full text]