Federal Constitutional Law - A Contemporary View - Sixth Edition

Aug 2, 2026

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Sixth edition of Federal Constitutional Law: A Contemporary View by Sarah Joseph and Melissa Castan, current to 31 December 2023. Incorporates developments on the separation of powers, detention and the NZYQ decision overturning Al-Kateb, and reworks Chapter 6 to address the growing body of detention cases and new material on removal of citizenship. Also updates implied freedom of political communication via structured proportionality, restructures Chapter 13, and adds key developments on intergovernmental immunities, excise duties, the freedom of interstate intercourse, and the 2023 Voice Referendum outcomes.

LanguageEnglish

CategoryExam

FormatPDF

Pages718

Reading Time30 h 9 min

AccessFree to download

Preface

Introduction

Table of Case

Table of Statutes

1. Introduction

[1.10] Fundamental Concepts in Australian Constitutional Law

[1.60] From Colonisation to Federation

[1.85] Overview of the Constitution

[1.155] Cutting the Apron Strings: From Federation to the Australia Act

[1.175] Judicial Review

[1.240] Conclusion

SIXTH EDITION # FEDERAL CONSTITUTIONAL LAWA Contemporary View SARAH JOSEPH·MELISSA CASTAN Lawbook Co. THOMSON REUTERS # Federal Constitutional LawA Contemporary View Thomson Reuters(Professional)Australia Limited19 Harris Street Pyrmont NSW 2009care.ANZ@thomsonreuters.comhttp://legal.thomsonreuters.com.au/For all customer inquiries please ring 1300304195(for calls within Australia only) INTERNATIONALAGENTS &DISTRIBUTORS NORTHAMERICAASIA PACIFICThomson ReutersThomson ReutersEaganSydneyUnited States of AmericaAustralia LATINAMERICAEUROPEThomson ReutersThomson ReutersSão PauloLondonBrazilUnited Kingdom # Federal Constitutional Law A Contemporary View SARAH JOSEPH BALLB(Hons)(USyd),LLM(Hons)(Cantab),PhD(Monash)Professor of Law,Griffith University MELISSA CASTAN BALLB(Hons)(Monash),LLM(Melb),PhD(Monash)Barrister and Solicitor,Victoria and the High Court of AustraliaProfessor of Law,Monash University SIXTH EDITION LAWBOOK CO.2024 A catalogue record for thisbook is available from theNational Library of Australia ◎2024 Thomson Reuters(Professional)Australia Limited This publication is copyright.Other than for the purposes of and subject to the conditions prescribedunder the Copyright Act,no part of it may in any form or by any means(electronic,mechanical,microcopying,photocopying,recording or otherwise)be reproduced,stored in a retrieval system ortransmitted without prior written permission.Inquiries should be addressed to the publishers. All legislative materialherein is reproduced by permissionbut does not purport tobe the official orauthorised version.It is subject to Commonwealth of Australia copyright.The Copyright Act 1968permits certain reproduction and publication of Commonwealth legislation.In particular,s 182A ofthe Actenables a complete copy to be made by or on behalf of a particular person.For reproductionor publication beyond that permitted by the Act,permission should be sought in writing.Requestsshould be submitted online at www.ag.gov.au/cca,faxed to(02)62505989 or mailed to CommonwealthCopyright Administration,Attorney-General's Department,Robert Garran Offices,National Circuit,Barton ACT 2600. Thomson Reuters(Professional)Australia Limited,and the authors,would like to thank the publishers,agents,and authors who have allowed the reproduction of extracts of their work in this book.Everyeffort has been made to contact copyright holders and/or their agents,however,we tender our apologyfor any accidental infringement.The publisher wouldbe pleased to come to a suitable agreement withthe rightful owner in each case. Original cover art ◎Matthew Cheyne Publisher:Stephen Rennie Edited and typeset by Newgen KnowledgeWorks Printed by Ligare Pty Ltd,Riverwood,NSW This book has been printed on paper certified by the Programme for the Endorsement of ForestCertification(PEFC).PEFC is committed to sustainable forest management through third party forestcertification of responsibly managed forests.For more info:http://www.pefc.org # Preface This sixth edition of Federal Constitutional Law:A Contemporary View is current to 31December 2023. We incorporate new material on the separation of powers,especially regardingdetention,right up to the NZYQ case in November 2023,which overruled theinfamous Al-Kateb case from 2004.This case created extraordinary political ructions,indicating that governments had become too comfortable with the constitutionalpower to detain aliens indefinitely,which had been confirmed in Al-Kateb,butrejected unanimously in NZYQ.As we go to publication,we believe there are severedoubts over the constitutionality of the legislative response thus far to NZYQ.Thevolume of detention cases,as well as new cases on the removal of citizenship,hasnecessitated a restructure of Chapter 6. Fresh material is also included on the implied freedom of political communication,where the McCloy test of structured proportionality seems now to be entrenched.Chapter 13,too,has bee

FAQs

What updates does this sixth edition include on separation of powers and detention?

It incorporates new material on the separation of powers relating to detention, including the NZYQ case in November 2023, which overruled Al-Kateb (2004). The authors note doubts about the constitutionality of legislative responses and restructure Chapter 6 accordingly.

How does the book address the implied freedom of political communication?

Fresh material is included on the implied freedom of political communication, stating that the McCloy test of structured proportionality appears now entrenched.

Which major constitutional topics and developments are updated across other chapters?

The edition covers developments on intergovernmental immunities (Chapter 8), excise duties (Chapter 9), freedom of interstate intercourse (Chapter 11), and outcomes from the 2023 Voice Referendum in Chapters 1 and especially Chapter 14.

Aug 2, 2026

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