Zines's The High Court and the Constitution

It has been seven years since the last edition of Professor Zines's classic book, The High Court and the Constitution. In that time the High Court has handed down a range of important decisions transforming, extending and developing existing constitutional law principles. The 6th edition of the book, by Dr James Stellios, contains analysis and critique of the High Court's jurisprudence over that period. Changes have been made to all chapters to update the existing law. However, the most significant updates relate to:

• The reformulation of the Commonwealth's executive power to contract and spend following the High Court's decisions in Pape and the two Williams cases;
• The High Court's continuing development of Chapter III principles, particularly its renewed interest in the Kable limitation on State Parliaments;
• The uncertainties appearing in recent High Court cases on the implied freedom of political communication;
• The High Court's application of s 92 to national markets in the internet-based new economy.

1. The Struggle for Standards
2. Characterisation: The Subject Matter of a Power
3. Characterisation: Matters Incidental to the Subject of a Power
4. Incidental Power: Trade and Commerce
5. The Corporations Power
6. Section 92: The Search for a Theory
7. Section 92: The "Individual Right" Theory
8. Section 92: The Triumph of the Free Trade Theory
9. The Separation of Powers
10. The Judicial Power of the Commonwealth
11. “The Stream Cannot Rise Above its Source” – The Doctrine in the Communist Party Case
12. The Crown and the Executive Government
13. Australia as a Nation in External and Internal Affairs
14. Intergovernmental Relations
15. Representative Government
16. Constitutional Rights
17. The High Court: Methods, Techniques and Attitudes

Dr James Stellios holds the position of Associate Professor at the Australian National University College of Law. He has written extensively on constitutional law.