Book Review: Australian Federalism in the Courts
| Date | 01 March 1968 |
| Author | J. D. Holmes |
| DOI | 10.1177/0067205X6800300111 |
| Published date | 01 March 1968 |
| Subject Matter | Book Reviews |
BOOK REVIEWS
Australian Federalism
in
the Courts, by GEOFFREY
SA
WER, Professor
of
Law, Institute
of
Advanced Studies, Australian National University.
(Melbourne University Press, 1968), pp. i-vii, 1-262. $6.50.
In
his preface Professor Sawer says that "This account
of
Australian
constitutional law
is
intended to be read by the general reader and the
non-legal student
of
Australian government, as well as providing
an
introduction to the subject for the law student and arefresher course
for the practitioner."
It
can
at
once be seen that the author has addressed
himself to amuch wider audience than
is
usual when aProfessor
of
Law
writes abook upon asubject which in Australia
at
any rate has been the
close preserve
of
a
few.
Professor Sawer
is
probably as well equipped as any academic could
be for this comprehensive task which he has undertaken.
Not
only has
he spent alifetime in scholarly work upon his subject but he has also
had
an association in aprofessional capacity with anumber
of
important
legislative and curial activities in the field upon which he writes.
It
is
no doubt because
of
the depth and width
of
his scholarship as well as
these experiences that he writes
in
amanner so easily comprehended
by awide audience upon asubject which even many lawyers are prone
to
regard as being more mysterious than the law with respect to contingent
remainders
or
as containing the niceties which attracted the learning
of
the late
Mr
Tidd.
In
so far as the book
is
asurvey
of
the decisions
of
the Privy Council
and
the High Court in constitutional cases the reader
is
given acom-
prehensive and easily read description
of
the exposition
of
the Constitu-
tion by the courts. More than this is achieved because the author makes
each case he discusses come alive in the context
of
its time and the govern-
mental policy which the statute considered by the court exemplified.
This makes
not
only for easy reading but also for
an
intelligent com-
prehension
of
the issues involved and the manner
of
their solution.
Professor Sawer
is
critical
of
the purely legal approach
of
most High
Court judges to the problems
of
government and attributes this, inter
alia, to the fact that the Court
is
continuously occupied as ageneral
court
of
appeal from Australian courts. In this respect he
not
only
distinguishes its approach to constitutional problems from the United
States Supreme Court
but
also clearly regrets
that
the distinction exists.
Perhaps because Iwas (I hope Istill am) aprofessional lawyer unaligned
either with apolitical party or concerned with the advancement
of
any
political philosophy Icannot share the author's admitted socialist
leanings when it comes to criticism
of
particular judicial methods and
in particular to what Ithink
is
his regret that the High Court combines
the functions referred to.
144
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