Table of Contents

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

About the Author

Dr Gabrielle Appleby is a Senior Lecturer at the Adelaide Law School, University of Adelaide. Prior to becoming an academic, she spent time working for the Queensland Crown Solicitor and the Victorian Government Solicitor's Office. Alexander Reilly has been an Associate Professor in the Adelaide Law School since 2008. Previously he held full time academic positions at Murdoch University in Perth, and Macquarie University in Sydney. Dr Laura Grenfell teaches and researches in public law at the University of Adelaide Law School. She has a particular interest in constitutional law, comparative constitutional law, human rights law and post-conflict justice.