Books

Crown and Sword

Crown and Sword: Executive power and the use of force by the Australian Defence Force

Author(s): Cameron Moore

The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.

Free download or order a printed copy

Centre: CIPL

Research theme: Administrative Law, Constitutional Law and Theory, Military & Security Law, Regulatory Law and Policy

Tasmanian Dam Case

The Tasmanian Dam Case 30 Years On: An enduring legacy

Author(s): Michael Coper, Heather Roberts, James Stellios

In one of the great contests between State and federal power, the Tasmanian Dam Case pitted the immovable object of Tasmania’s commitment to a massive hydro-electric project against the irresistible force of the Commonwealth’s determination to protect the environment.

Who would prevail? Was it more important to create jobs and provide cheap power, or to preserve the natural beauty of the Tasmanian wilderness? On whom did the Australian Constitution confer the power to decide this question?

By the narrowest of majorities, the High Court decided in 1983 that the Commonwealth had the final say, and upheld legislation that prohibited the construction of a dam on the Gordon River below the Franklin.

Because of the passions aroused by the case, the Court took the unprecedented step of issuing a statement explaining that its job was not to decide whether the proposed dam was a good idea or not, but to determine whether this was a matter of State or federal power. Yet this issue was just as hotly contested. Could any subject be brought within federal power merely by the presence of an international treaty on that subject? Would affirming this proposition destroy the intended balance between State and federal power? Would denying the proposition disable Australia from full participation in international affairs?

Three decades after the High Court’s decision, these and other questions of law and policy remain of vital importance. This book brings together a fascinating collection of commentaries on the impact of the decision, and how the hopes and fears following the decision have played out.

This stimulating and timely book contains reflections from then Commonwealth Attorney-General Gareth Evans, then High Court Justice Sir Anthony Mason and leading Indigenous lawyer Professor Mick Dodson. The book also examines some novel questions, such as whether the outcome of the case was inevitable, how similar issues have played out in Canada, and whether better conservation outcomes are more likely to come from the Commonwealth or the States. These and other chapters offer fresh perspectives on one of the most important cases in High Court history.

Order your copy online

Centre: CIPL

Research theme: Constitutional Law and Theory

Delegated Legislation in Australia

Delegated Legislation in Australia, 5th edition

Editor(s): Dennis Pearce, Stephen Argument

Now in its fifth edition, Delegated Legislation in Australia provides updated and detailed coverage of all aspects of subordinate legislation, and is an essential reference for legislators, public officials at all levels of government, judicial officers and lawyers. It is the latest addition to the LexisNexis Black and Silver series.

Legislation made by various government and other bodies under the authority of an Act of Parliament far exceeds in volume the legislation made by Parliament in the form of statutes. Delegated Legislation in Australia includes a comprehensive overview of why and how delegated legislation is used to impose obligations on both citizens and business, and in what forms such legislation takes. Commentary is provided for each Australian jurisdiction as to the means used by Parliament to review the content of the legislation, and assess and compare the performance of each parliament.

Order your copy online

Centre: CIPL

Research theme: Administrative Law, Regulatory Law and Policy

Connolly-FoundationsAPL

The Foundations of Australian Public Law: State, Power, Accountability

Author(s): Anthony Connolly

In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning. Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia's federal, state and territory jurisdictions.

Order your copy online

Centre: CIPL

Research theme: Administrative Law

Judicial Review of Administrative Action

Judicial Review of Administrative Action and Government Liability 6th Edition

Author(s): Greg Weeks, Matthew Groves, Mark Aronson

Judicial Review of Administrative Action and Government Liability Sixth Edition is one of Australia’s most respected legal texts. It became the first title in our prestigious Lawbook Library Series, because it represents definitive legal scholarship and publishing excellence in Australian law. For two decades, this work has both mapped and supported development of the law and practice of judicial review of administrative action throughout Australia. Repeatedly cited in the High Court of Australia, this landmark work remains the definitive scholarly work for judicial officers, practitioners and students alike.

The sixth edition includes an entirely new chapter on what is now a substantial body of special statutory and common law rules that apply to government liability in contract, tort, and restitution. Numerous decisions of the High Court and the Federal Court, in particular, are producing a discernible relaxation of the traditional grounds of review, and a more expansive approach to the interpretation of regulatory statutes. In addition, the Full Court of the Federal Court has announced a simplification of the criteria for appeals limited to questions of law, overturning literally dozens of earlier precedents.

In the Sixth Edition, Mark Aronson and Matthew Groves are joined by Greg Weeks formerly from the University of New South Wales, and now at the Australian National University. Their combined expertise ensures that this pre-eminent title continues to provide a fresh and authoritative treatment of judicial review of administrative actions in Australia, and an invaluable guide to the special problems relating to government liability in tort, contract and equity.

Purchase your copy online

Centre: CIPL

Research theme: Administrative Law, Regulatory Law and Policy

Australian Constitutional Law

Hanks Australian Constitutional Law Materials and Commentary, 10th Edition

Author(s): James Stellios, D Meagher

This book considers the concepts underlying our Constitution and explores constitutional decision-making in context. It reviews all of the important constitutional decisions of the High Court of Australia, and exposes the issues that arise in those decisions to a critical analysis. The book covers all major areas of study in both constitutional law and public law.

Updates for this edition include the two Williams cases in which the High Court reworked the executive power of the Commonwealth to contract and spend; recent cases developing the Kable principles and considering the validity of State laws against Chapter III implications; important recent cases on the implied freedom of political communication; recent cases on s 92 of the Constitution dealing with internet trade and commerce.

Order your copy online

Centre: CIPL

Research theme: Constitutional Law and Theory

Australia's Constitutional Government

Australia’s Constitutional Government

Author(s): , Jack Richardson

This book comprehensively describes Australia’s unique pattern of constitutional government. Jack Richardson was always convinced that the legal basis of federal government and the evolving patterns of power should be understandable — not just to experts in constitutional law, but to people in all walks of life. He believed that knowledge of the principles by which we are governed must be available to the general public, and to participants in the federal system. The author advances expert knowledge by divining those principles. By describing their operation in words intelligible to readers who are not legally qualified, he achieves his aim of acquainting a much wider range of people with the powers that rule them.

The result is a book that will be a great help to students and scholars of law, government, politics and history, as well as a useful guide for administrators, journalists, politicians and legal practitioners. Anyone who needs a straightforward explanation of an element of constitutional government will value the understanding they can easily get from the book.

Order your copy online

Centre: CIPL

Research theme: Constitutional Law and Theory

Australian Citizenship Law

Australian Citizenship Law 2e

Author(s): Kim Rubenstein

Citizenship is the pivotal legal status in any nation-state. In Australia, the democratic, social and political framework, and its identity as a nation, is shaped by the notion of citizenship. Australian Citizenship Law sheds light on citizenship law and practice and provides the most up-to-date analysis available of the Australian Citizenship Act 2007 (Cth).

Rubenstein’s Australian Citizenship Law is the much-awaited second edition to her highly acclaimed text. It has been cited in High Court decisions, referred to in national and international academic work and used extensively by practitioners working in citizenship law, migration law, constitutional and administrative law and is an essential resource for migration agents.

Moreover, because of its broader analysis, it is crucially relevant to any discipline associated with citizenship, including, history, politics, education or sociology, and to government officials working in the area of citizenship, especially those working in our embassies and consulates.

Purchase your copy here

Centre: CIPL

Research theme: Constitutional Law and Theory, Human Rights Law and Policy, International Law

2016_Gozdecka_Rights_Religious

Rights, Religious Pluralism and the Recognition of Difference: Off the scales of justice

Author(s): Dorota Anna Gozdecka

Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of  freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions.

Order your copy online

Centre: CIPL

Research theme: Human Rights Law and Policy, Law and Religion

The Politics of Jurisprudence

The Politics and Jurisprudence of the Chaudhry Court 2005-2013

Editor(s): Moeen Cheema, Ijaz Shafi Gilani

Former Chief Justice of Pakistan Iftikhar Muhammad Chaudhryas tenure, from 2005 to 2013, has been characterized by remarkable developments in constitutional politics and the jurisprudence of the apex court. This was also a period of great controversy and the actions of the Chaudhry Court polarized the debate on the role of the Supreme Court. Despite the emergence of such vociferous debate, a detailed scrutiny of the Chaudhry Courtas actions has thus far been lacking. This volume represents an attempt to fill this gap by closely analysing the jurisprudence of the Supreme Court and reflects on the likely legacy of Chief Justice Iftikhar Muhammad Chaudhryas tenure. The contributions also constitute an effort at deepening the debate that has surrounded the courtas actions during the last few years. It goes beyond the critique of the court on the grounds that it has acted politically and violated the constitutionally mandated separation of powers between the judiciary, the legislature, and the elected executive.

Order your copy online

Centre: CIPL

Research theme: Constitutional Law and Theory

Nanotechnology: Toward the Sustainocene

Nanotechnology Toward the Sustainocene

Editor(s): Thomas Faunce

While the sustainability of our world is being endangered or destroyed by the misguided activities of artificial human entities, real people have begun to expand their moral sympathies sufficiently to prioritize protecting our world’s interests. They have developed a new technology - nanotechnology - that has the potential to advance human society toward a period of long-term sustainability, termed "the Sustainocene". This book comprises chapters by experts in various fields of nanotechnology and in related areas of governance under the theme of how nanotechnology can assist in the creation of the Sustainocene. The book will appeal to anyone involved in nanotechnology, macromolecular science, public policy related to sustainability, renewable energy, and climate change.

Order your copy online

Centre: CIPL

Research theme: Health, Law and Bioethics

Europe at the Edge of Pluralism

Europe at the Edge of Pluralism

Editor(s): Dorota Anna Gozdecka, Magdalena Kmak

This volume tackles contemporary problems of legal accommodation of diversity in Europe and recent developments in the area in diverse European legal regimes. Despite professing the motto 'Unity in Diversity,' Europe appears to be struggling with discord rather than unity. Legal discussions reflect a crisis when it comes to matters of migration, accommodation of minorities, and dealing with the growing heterogeneity of European societies. The book illustrates that the current legal conundrums stem from European oscillation between, on the one hand, acknowledging the need of accommodation, and, on the other, the tendencies to preserve existing legal traditions. It claims that these opposite tendencies have led Europe to the edge of pluralism. This 'edge' - just as with the linguistic interpretation of the word 'edge' - carries multiple meanings, conveying a plethora of problems encountered by law when dealing with diversity. The book explores and illustrates these multiple 'edges of pluralism,' tracing back their origins and examining the contemporary legal conundrums they have led to.

Order your copy online

Centre: CIPL

Research theme: Human Rights Law and Policy, Law and Gender, Law and Religion, Migration and Movement of Peoples

Regulating Business for Peace

Regulating Business for Peace: The United Nations, the Private Sector, and Post-Conflict Recovery

Author(s): Jolyon Ford

This book addresses gaps in thinking and practice on how the private sector can both help and hinder the process of building peace after armed conflict. It argues that weak governance in fragile and conflict-affected societies creates a need for international authorities to regulate the social impact of business activity in these places as a special interim duty. Policymaking should seek appropriate opportunities to engage with business while harnessing its positive contributions to sustainable peace. However, scholars have not offered frameworks for what is considered 'appropriate' engagement or properly theorised techniques for how best to influence responsible business conduct. United Nations peace operations are peak symbols of international regulatory responsibilities in conflict settings, and debate continues to grow around the private sector's role in development generally. This book is the first to study how peace operations have engaged with business to influence its peace-building impact.

Order your copy online

Centre: CCL, CIPL, LGDI

Research theme: Human Rights Law and Policy, Law, Governance and Development

Legal perspectives on Security Institutions

Legal Perspectives on Security Institutions

Editor(s): Hitoshi Nasu, Kim Rubenstein

Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.

Order your copy online

Centre: CIPL, CMSL

Research theme: Human Rights Law and Policy, Military & Security Law

Zine's The High Court and the Constitution

Zines's The High Court and the Constitution

Author(s): James Stellios

It has been seven years since the last edition of Professor Zines’s classic book, The High Court and the Constitution. In that time the High Court has handed down a range of important decisions transforming, extending and developing existing constitutional law principles. In this 6th edition of the book, by Dr James Stellios, analyses and critiques the High Court’s jurisprudence over that period. Changes have been made to all chapters to update the existing law. The most significant updates relate to: the reformulation of the Commonwealth’s executive power to contract and spend following the High Court’s decisions in Pape and the two Williams cases; the High Court’s continuing development of Chapter III principles, particularly its renewed interest in the Kable limitation on State Parliaments; the uncertainties appearing in recent High Court cases on the implied freedom of political communication; and the High Court’s application of s 92 to national markets in the internet-based new economy.

Order your copy online

Centre: CIPL

Research theme: Constitutional Law and Theory

Administrative decision making

Administrative Decision-Making in Australian Migration Law

Author(s): Marianne Dickie

The ANU College of Law, Migration Law Program is pleased to introduce a text in administrative decision-making in Australian migration law. Over the past eight years we have assembled a team of some of Australia’s most highly qualified migration agents and migration law specialists to deliver the Graduate Certificate in Australian Migration Law & Practice, and the Master of Laws in Migration Law. Through personal recollections and a comprehensive analysis of administrative decision-making, Alan Freckelton brings his professional expertise and experience in this complex field of law to the fore. The examination of High Court decisions, parliamentary speeches and public opinion bring a contentious area of law and policy to life, enabling the reader to consider the impact that legislation and decision-making has upon the individual and society as a whole.

Find online at ANU Press

Centre: CIPL

Research theme: Administrative Law, Migration and Movement of Peoples

Australian anti-discrimination law 2nd edition

Australian anti-discrimination law 2nd Edition

Author(s): , Neil Rees, Dominique Allen

The second edition of this book, which is the first major text in the field directed to both legal practitioners and law students, contains a detailed analysis of Australian anti-discrimination law as well as extracts from all of the major cases and the writings of leading commentators. It incorporates the many changes to the law since the first edition was published in 2008 and includes new chapters dealing with positive duties, victimisation and protections against discrimination in industrial relations laws. The book includes a comprehensive examination of the difficult concepts of direct and indirect discrimination as well as coverage of the major grounds of unlawful discrimination, such as race, sex and disability. The book records the history of the major pieces of anti-discrimination legislation, examines important international developments and includes numerous suggestions for reform.

Order your copy online

Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Gender, Law and Social Justice

International Law: Cases and Materials with Australian Perspectives

International Law: Cases and Materials with Australian Perspectives - Second Edition

Author(s): Donald Rothwell, Stuart B Kaye, Afshin Akhtarkhavari, Ruth Davis

International Law: Cases and Materials with Australian Perspectives is the authoritative textbook for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout. All core areas of the law are covered, with chapters on human rights, law of the sea, international environmental law and enforcement of international law. Cases and treaties are dissected to highlight the key principles, rules and distinctive learning points. This new edition has been thoroughly updated in line with recent developments in the field and includes a new chapter on the use of force, as well as expanded content on the enforcement of international law, including sanctions, law enforcement against pirates and the 2011 Libyan conflict. International Law provides clear and rigorous analysis and is an indispensable resource for law students.

Order your copy online

Centre: CIPL

Research theme: Environmental Law, International Law

Criminal Fair Trial Rights: Article 6 of the European Convention

Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights

Author(s): Ryan Goss

Article 6 fair trial rights under the European Convention on Human Rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. The book takes a complementary (but different) approach. Instead of analyzing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to many of the component rights. It will be useful to all those working in the fields of criminal law and human rights.

Order your copy online

Centre: CIPL

Research theme: Human Rights Law and Policy, International Law

Law and Democracy

Law and Democracy: Contemporary Questions

Editor(s): Kim Rubenstein, Glenn Patmore

Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices. Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context.The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Order your copy online

Centre: CIPL

Research theme: Constitutional Law and Theory, Human Rights Law and Policy, Law and Social Justice, Migration and Movement of Peoples

Pages

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team