Zines and Stellios’s The High Court and the Constitution (7th ed)
Author: Professor James Stellios
Publisher: The Federation Press
Reviewer: Kate Slack
The topography of constitutional law has evolved substantially since the sixth edition of this valuable resource was published in 2015. The release of the seventh edition is a welcome addition to the libraries of those practising constitutional law.
Readers will find in-depth consideration of the characterisation of Commonwealth powers, the trade and commerce power, the corporations power, s 92 of the Constitution, the separation of powers, the judicial power of the Commonwealth, the doctrine in the Communist Party Case, the Crown and Executive Government, the regulation of Australia’s external and internal affairs, including Australia’s relationship with the Unted Kingdom, and representative democracy.
The book’s analysis of Spence v Queensland (2019) 268 CLR 355 is illuminating, not least because the analysis of the scope of Commonwealth legislative power in the sixth edition of the book was relied on by each of the Justices of the High Court in their respective decisions in Spence.
The focal point of ‘rights’ in modern legal debate makes the chapter concerning constitutional rights particularly interesting. Divided between the express constitutional guarantees (provided for in ss 51(xxxi), 80, 116 and 117 of the Constitution) and implied rights, the chapter comprehensively addresses how constitutional rights are to be understood and applied.