The High Court and the Constitution / Leslie Zines.

Previous edition: Sydney : Butterworths, 1997 [id est 1996]

Includes bibliographical references and index.

The Struggle for Standards -- Characterisation: The Subject Matter of a Power -- Characterisation: Matters incidental to the Subject of a Power -- Incidental Power: Trade and Commerce -- The Corporations Power -- Section 92: The Search for a Theory -- Section 92: The Individual Right Theory -- Section 92: The Triumph of the Free Trade Theory -- The Separation of Powers -- The Judicial Power of the Commonwealth -- The Stream Cannot Rise Above its Source The Doctrine in the Communist Party Case -- The Crown and the Executive Government -- Australia as a Nation in External and Internal Affairs -- Intergovernmental Relations -- Representative Government -- Constitutional Rights -- The High Court: Methods, Techniques and Attitudes -- Index .

It is over eleven years since the previous edition was published by Butterworths (Lexis Nexis). This edition therefore includes information, analysis and critique of the High Court's jurisprudence during that period. Some of its main highlights are: the reformulation and development of the implied freedom of communication on governmental matters, and the establishment of the right to vote in federal elections; the restriction on Parliament's power to interfere with due process and judicial method as administered by the courts, and similar restrictions on the power of the State Parliaments in respect of their courts as a result of the Kable doctrine; judicial disagreement regarding questions of administrative detention as typified by the Al-Khateb case. The exercise by federal judges as persona designata, and by State courts, of non-judicial functions; the extent of the corporations power following the WorkChoices case; recent developments relating to restrictions on the power of the Commonwealth to bind the States and of the States to affect or bind the Commonwealth; the effect of the attainment of Australian sovereignty and other practical considerations on the interpretation of such constitutional concepts as "aliens", "subject of the Queen" and "foreign power", and on the interpretation of the residuary power in s51(xxxviii); the changed approach of the present court to Commonwealth-State cooperative legislative schemes; more generally, the attitude and method of the Gleeson Court as compared with that prevailing at the time the fourth edition was published. -- Publisher description.