Studies in Australian Constitutional Law

Constitutional Law

TEACHING AUSTRALIAN CONSTITUTIONAL LAW Australian Federal Constitutional Law: Commentary and Materials, by G WINTERTON, HP LEE, A GLASS and JA THOMSON (Australia: LBC

Teachers of Australian federal constitutional law now have three current casebooks available to them: the Winterton, Lee, Glass and Thomson casebook (“WLGT”), Hanks and Cass, Australian Constitutional Law: Materials and Commentary (“HC”), now in its sixth edition, and Blackshield and Williams, Australian Constitutional Law & Theory (“BW”), which has entered a second edition. The recent publicat...

Constitutional Law: Parole Status

In Rose v. Haskins,' the Court of Appeals for the Sixth Circuit reiterated the orthodox view that since a prisoner parole system is not constitutionally compelled, parole status is merely a "privilege" regulated by statute and not circumscribed by either the specific constitutional guarantees applicable to a criminal proceeding nor the traditional safeguards of procedural due process. However, ...

Constitutional Law: Increased Sentence

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...