Cowen and Zines's Federal Jurisdiction in Australia PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Cowen and Zines's Federal Jurisdiction in Australia PDF full book. Access full book title Cowen and Zines's Federal Jurisdiction in Australia by Geoffrey Lindell. Download full books in PDF and EPUB format.
Author: Geoffrey Lindell
Publisher:
ISBN: 9781760020682
Category : Courts
Languages : en
Pages : 468
Get Book Here
Book Description
* Cowen and Zines''s Federal Jurisdiction in Australia, cited in Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41 at [35] footnote 47This book examines the jurisdiction of the High Court, federal courts and Territory courts, as well as the federal jurisdiction of State courts. It is an area of law that has been described as technical, complicated, difficult and not infrequently absurd. It is, however, the direct result of the federal distribution of judicial power made by the Australian Constitution and it is of great practical importance. Much of the difficulty and some of the absurdity has come about because of the unthinking copying of the United States Constitution. On a number of matters, therefore, the book contains an analysis of the American position.The enactment in 1988 of the scheme for the cross-vesting of the jurisdiction of federal, State and Territory superior courts seemed to bring to an end some of the litigious arguments based on technical jurisdictional issues that were of no social benefit. But when a vital part of the scheme was held unconstitutional in 1999 many of the difficulties analysed in this book became once again, and continue to be, of increasing legal concern. This has been partly due to the statutory extensions of the jurisdiction vested in federal courts apart from the High Court.The new edition of this book now includes a number of new chapters:Chapter 1 contains a new introductory analysis of the meaning and purpose of federal jurisdiction; some further developments in relation to the all-important concept of "matters" and in particular the extent to which courts vested with federal jurisdiction may grant non-legally binding declarations of incompatibility with human right norms; and a discussion of the scope of the legislative power of the Commonwealth Parliament to legislate with respect to federal jurisdiction and the extent to which it is exclusive.Chapter 7 contains a much expanded and now separate discussion of the principle in the Kable and Kirk cases to take account of the extensive judicial developments occurring since the previous edition was published.Chapter 8 analyses the law to be applied by courts exercising federal jurisdiction, in particular ss 79 and 80 of the Judiciary Act 1903 (Cth).Chapter 9 contains an analysis of the appellate jurisdiction of the High Court.Chapter 10 contains some closing reflections on the present state of the law relating to federal jurisdiction.The pre-existing chapters of the book have also been revised to take account of developments in the law since the previous edition was published in 2002. These include:the continued emphasis on the role of the High Court in keeping Commonwealth agencies and officers within the limits of their powers and, in particular, the protection now afforded to individuals from the operation of privative clauses under federal (and State) jurisdiction;the source and scope of State liability in federal jurisdiction;the continued expansion of federal jurisdiction derived from matters arising under the laws made by the Parliament;issues associated with the remittal of matters by the High Court;whether all Territory jurisdiction has become federal jurisdiction in the light of modern developments involving the relationship between ss 76(ii) and 122 of the Constitution notwithstanding the constitutional status accorded to Territory courts as non-federal courts;the meaning of "courts" in Ch III of the Constitution - in particular, whether State tribunals are courts capable of being vested with federal jurisdiction and, if not, whether they are capable of exercising State judicial power with respect to the matters falling within federal jurisdiction;the extent to which the vesting of federal jurisdiction in State Courts extinguishes the existence of State jurisdiction despite the absence of matters within the meaning of Ch III of the Constitution in relation to the same jurisdiction.The continued existence of tensions and problems which have resulted from the development of the Federal Court''s jurisdiction to the point where Australia now has a fully-fledged dual system of federal and State courts.
Author: Geoffrey Lindell
Publisher:
ISBN: 9781760020682
Category : Courts
Languages : en
Pages : 468
Get Book Here
Book Description
* Cowen and Zines''s Federal Jurisdiction in Australia, cited in Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41 at [35] footnote 47This book examines the jurisdiction of the High Court, federal courts and Territory courts, as well as the federal jurisdiction of State courts. It is an area of law that has been described as technical, complicated, difficult and not infrequently absurd. It is, however, the direct result of the federal distribution of judicial power made by the Australian Constitution and it is of great practical importance. Much of the difficulty and some of the absurdity has come about because of the unthinking copying of the United States Constitution. On a number of matters, therefore, the book contains an analysis of the American position.The enactment in 1988 of the scheme for the cross-vesting of the jurisdiction of federal, State and Territory superior courts seemed to bring to an end some of the litigious arguments based on technical jurisdictional issues that were of no social benefit. But when a vital part of the scheme was held unconstitutional in 1999 many of the difficulties analysed in this book became once again, and continue to be, of increasing legal concern. This has been partly due to the statutory extensions of the jurisdiction vested in federal courts apart from the High Court.The new edition of this book now includes a number of new chapters:Chapter 1 contains a new introductory analysis of the meaning and purpose of federal jurisdiction; some further developments in relation to the all-important concept of "matters" and in particular the extent to which courts vested with federal jurisdiction may grant non-legally binding declarations of incompatibility with human right norms; and a discussion of the scope of the legislative power of the Commonwealth Parliament to legislate with respect to federal jurisdiction and the extent to which it is exclusive.Chapter 7 contains a much expanded and now separate discussion of the principle in the Kable and Kirk cases to take account of the extensive judicial developments occurring since the previous edition was published.Chapter 8 analyses the law to be applied by courts exercising federal jurisdiction, in particular ss 79 and 80 of the Judiciary Act 1903 (Cth).Chapter 9 contains an analysis of the appellate jurisdiction of the High Court.Chapter 10 contains some closing reflections on the present state of the law relating to federal jurisdiction.The pre-existing chapters of the book have also been revised to take account of developments in the law since the previous edition was published in 2002. These include:the continued emphasis on the role of the High Court in keeping Commonwealth agencies and officers within the limits of their powers and, in particular, the protection now afforded to individuals from the operation of privative clauses under federal (and State) jurisdiction;the source and scope of State liability in federal jurisdiction;the continued expansion of federal jurisdiction derived from matters arising under the laws made by the Parliament;issues associated with the remittal of matters by the High Court;whether all Territory jurisdiction has become federal jurisdiction in the light of modern developments involving the relationship between ss 76(ii) and 122 of the Constitution notwithstanding the constitutional status accorded to Territory courts as non-federal courts;the meaning of "courts" in Ch III of the Constitution - in particular, whether State tribunals are courts capable of being vested with federal jurisdiction and, if not, whether they are capable of exercising State judicial power with respect to the matters falling within federal jurisdiction;the extent to which the vesting of federal jurisdiction in State Courts extinguishes the existence of State jurisdiction despite the absence of matters within the meaning of Ch III of the Constitution in relation to the same jurisdiction.The continued existence of tensions and problems which have resulted from the development of the Federal Court''s jurisdiction to the point where Australia now has a fully-fledged dual system of federal and State courts.
Author: Leslie Zines
Publisher:
ISBN: 9781862874329
Category : Social Science
Languages : en
Pages : 253
Get Book Here
Book Description
This book examines the jurisdiction of the High Court, federal courts, Territorial courts and the federal jurisdiction of State courts. It is an area of law that has been described as technical, complicated, difficult and not infrequently absurd. It is, however the direct result of the federal jurisdiction of judicial power made by the Australian Constitution and it is of great practical importance. Much of the difficulty and some of absurdity has come about because of the unthinking copying of the United States Constitution. On a number of matters, therefore, the book contains an analysis of the American position. The enactment in 1988 of the scheme for the cross-vesting of the jurisdiction of federal, State and Territorial superior courts seemed to bring to an end some of the litigious arguments based on technical jurisdictional issues that were of no social benefit. But when a vital part of the scheme was held unconstitutional in 1999 many of the difficulties analysed in this book became once again of legal concern. Much of the book has had to be rewritten as a result of the many changes to the law of federal jurisdiction since the previous edition was published in 1978. These include: the greater emphasis on the role of the High Court in keeping Commonwealth agencies and officers within the limits of their powers, and on the functioning of the "constitutional writs" in s75(v) of the Constitution for that purpose; the development of "accrued jurisdiction" and its part in expanding the jurisdiction of federal courts; the development of the Federal Court's jurisdiction to the point where we now have a fully-fledged dual system of federal and State courts, creating some new tensions and problems; the continuing judicial division over the constitutional status of Territorial courts, and the position of the self-governing Territories for purposes of federal jurisdiction; a lot of more specific changes, such as the effect of the ending of Privy Council appeals from State courts, the overruling of decisions preventing the use of court officers for purposes of federal jurisdiction, the enactment of a new regime of admiralty jurisdiction, and the Kable Case restricting State power to control courts that have federal jurisdiction.
Author: Zelman Cowen
Publisher: Oxford University Press, USA
ISBN: 9780195505566
Category : Courts
Languages : en
Pages : 272
Get Book Here
Book Description
Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 1509918418
Category : Law
Languages : en
Pages : 560
Get Book Here
Book Description
Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
Author: Zelman Cowen
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 280
Get Book Here
Book Description
Author: Nicholas Theodore Aroney
Publisher: University of Toronto Press
ISBN: 1487511485
Category : Law
Languages : en
Pages : 600
Get Book Here
Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: Mark James Leeming
Publisher:
ISBN: 9781862879027
Category : Law
Languages : en
Pages : 314
Get Book Here
Book Description
Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions.
Author: Louis Henkin
Publisher: Columbia University Press
ISBN: 9780231065702
Category : Law
Languages : en
Pages : 484
Get Book Here
Book Description
Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.
Author: Harold Edward Renfree
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 850
Get Book Here
Book Description
Deals primarily with the structure and jurisdiction of the various courts of the Australian Federal judicial system.
Author: Giuseppe Franco Ferrari
Publisher: BRILL
ISBN: 9004297596
Category : Law
Languages : en
Pages : 915
Get Book Here
Book Description
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.