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The Constitution of the Australian Capital Territory

Author

ISBN

9781760023072

Publication date

03/08/2021

Format

Hardback

Page extent

288

AUD $160.00 gst included

SKU: 9781760023072 Categories: , ,

The Constitution of the Australian Capital Territory provides a detailed reference work for those who need to understand the constitutional arrangements that exist for the government of the Australian Capital Territory. It provides an outline and explanation of the Commonwealth laws which make up the constitution of the Australian Capital Territory, most importantly the Australian Capital Territory (Self-Government) Act 1988 (Cth).

The book also covers:

  • the establishment of the Territory and the history of its government since 1911
  • a detailed examination of the Commonwealth’s constitutional power to make laws for the government of the Territory and the extent to which the power in s 122 of the Constitution is qualified by other provisions of the Constitution
  • the granting of self-government in 1989
  • the constitutional framework for the Legislative Assembly and the power of the Assembly to make laws and the scope of executive and judicial power in the Territory, and
  • the division of responsibilities for land management in the Territory between the Commonwealth and Territory governments.

Preface

1. The constitutional development of the Territory
1.1 Introduction
1.2 The history of s 125 of the Constitution
1.3 Determining the location of the seat of government
1.4 Surrender and acceptance of the Territory
1.5 Land tenure in the Territory
1.6 Name of the Territory
1.7 Government of the Territory 1911-1989
1.8 The Territory and statehood

2. The territories power
2.1 Introduction
2.2 A century of territories cases
2.3 Section 122 – a plenary power
2.4 Section 122 laws may operate outside a territory
2.5 The Australian Capital Territory is part of “the Commonwealth” for the purposes of s 51 of the Constitution
2.6 When are laws made under s 122?
2.7 The relationship between s 122 and other provisions of the Constitution
2.8 Implied restrictions on the s 122 power

3. Self-government
3.1 Introduction
3.2 The self-government legislation
3.3 Changes to the structure of self-government since 1989
3.4 The Territory as a “body politic under the Crown”
3.5 The role of the Crown
3.6 The transfer of laws at self-government
3.7 Relationship to the Jervis Bay Territory

4. The Legislative Assembly
4.1 Introduction
4.2 Basic structure of the Assembly
4.3 Election of members
4.4 Formation of a government
4.5 Procedure of the Assembly
4.6 Process for making laws
4.7 Powers, privileges and immunities of the Assembly
4.8 Dissolution of the Assembly

5. Legislative Power
5.1 Introduction
5.2 Section 22 “peace, order and good government”
5.3 No power to amend constitution
5.4 Limitations on power from the Constitution
5.5 Express exclusions from legislative power in the Self-Government Act
5.6 Inconsistency between Commonwealth and Territory laws
5.7 Invalidity and severance
5.8 No general power of disallowance of Territory laws
5.9 The extent to which the Commonwealth is bound by Territory laws
5.10 Laws mandated by the self-government legislation
5.11 Manner and form requirements
5.12 Powers retained in the Seat of Government (Administration) Act 1910 (Cth)
5.13 Territorial limits on Territory laws
5.14 Relationship between Territory and State laws

6. Finance
6.1 Introduction
6.2 Public moneys of the Territory
6.3 Withdrawal of public moneys
6.4 Appropriations
6.5 Financial relations with the Commonwealth
6.6 Borrowing
6.7 Money votes
6.8 Unauthorised payments

7. Executive Power
7.1 Introduction
7.2 What is the Executive?
7.3 Composition of the Executive
7.4 The Executive and the Cabinet
7.5 Powers of the Executive
7.6 Responsibility for the exercise of executive power
7.7 Content of executive power
7.8 The Crown in right of the Territory
7.9 Relationship with executive power of the Commonwealth under s 61 of the Constitution

8. Land management
8.1 Introduction
8.2 Overview of the Planning and Land Management Act
8.3 Section 29
8.4 National Capital Plan
8.5 Territory Plan
8.6 Canberra Airport
8.7 Googong Dam

9. Judicial Power
9.1 Introduction
9.2 History of judicial power in the Territory
9.3 Constitutional position of Territory courts
9.4 Section 48A of the Self-Government Act
9.5 Tenure and removal of judges
9.6 Separation of powers
9.7 Territorial limits on jurisdiction

Appendix

This book is an essential tool for practising lawyers. I guarantee that when you start to read it you won’t put it down until you have finished the last chapter.

John Purnell SC, ACT Bar Bulletin August Edition 2021

Certainly, in an epoch now when there is, both in Australia and worldwide, very great public concern about the use and also the misuse of powers by Governments, books like this are important in indicating the many issues which still remain to be resolved satisfactorily by the Courts.

Dr Doug Hassall, Canberra Chambers, ACT Bar Bulletin August Edition 2021