Australian Public Law

Australian Public Law 2nd Edition develops a clear theoretical framework for investigating public law. It provides comprehensive coverage of the foundational principles of public law in Australia, and introduces students to the three key institutions of government; the Judiciary, Parliament and Executive. Rather than simply describing the nature and function of these institutions, it discusses them through key issues that arise from their functions; for the parliament, democratic legitimacy and law making, for the executive, power, control and accountability, and for the judiciary, justification for and exercise of its power of review laws and executive action.

Part 1: Introducing Australian Public Law 1. The Idea of Public Law Introduction The predominance of states Sovereignty and the origin of law's authority The nature of law The breadth of public law The rule of law The values underpinning public law Conclusion2. The Development of Public Law in Australia IntroductionInauspicious beginningsThe assertion of UK sovereigntyThe English system of public lawThe development of key institutionsA new chapter: federationPost-federation developmentsConclusion3. A Federal Commonwealth The idea of federalismThe origins of the Australian federation The structure of the Australian federationCommonwealth-State relationsThe future of federalismConclusionPart 2: The People and Their Government 4. Democracy and Representative Government Introduction: participation and deliberation in a democracyEffective democratic representationThe foundations of representative governmentFree speech and democracyProtecting Australia's democracyConclusion5. Parliamentary Process and Legislative Power IntroductionAustralian ParliamentsParliamentary privilegesParliamentary sovereigntyThe relationship between the Houses of Parliament Parliament and the Executive: the quest for controlParliamentary committeesConclusionPart 3: The Administrative State 6. The Executive IntroductionThe Crown and the ExecutiveExecutive power and accountabilitySources and types of executive powerRegulating executive power: the LegislatureConclusion7. Executive AccountabilityIntroductionParliamentary accountabilityJudicial accountabilityExecutive accountabilityPublic accountabilityConclusionPart 4: The Courts 8. The Judiciary and Separation of Judicial Power IntroductionChapter III: framework and historySeparation of federal judicial powerDefining judicial power Conclusion9. The Separation of Judicial Power in Practice IntroductionRights, freedoms and implied guaranteesFederal judicial power and detentionJudges engaging in non-judicial functionsChapter III and State courtsConclusionPart 5: The Internationalisation of Australian Public Law 10. Public International Law Introduction: national law and international lawThe nature of international lawThe UN systemOther influential bodies in the international sphereHow is international law made?Conclusion: a distinct and separate paradigm?11. International Law and the Australian Legal System IntroductionMaking treaties: the federal ExecutiveImplementing treaties: Federal ParliamentThe indirect effect of treaty ratification on Australian lawConclusionPart 6: Issues in Australian Public Law 12. Human Rights in Australia Introduction: complacency and misinformationThe national emergence of rightsThe international emergence of rightsHuman rights at the federal levelEmerging human rights jurisprudenceThe Victorian Charter: a case studyConclusion13. Indigenous Peoples and Australian Public Law IntroductionWho is an Indigenous Australian?The question of sovereigntyResponsibility for Indigenous policyBases for Indigenous claimsTypes of Indigenous claimsRecognising Indigenous rightsConclusion14. Safeguarding Australia Introduction: the role of the stateTraditional internal threats: law and orderExternal sovereign threatsThe threat of terrorismMigration control and border securityConclusionAppendix: The Australian Consititution