Book Review: Cases on the Constitution of the Commonwealth of Australia
| Author | David P. Derham |
| Published date | 01 June 1965 |
| Date | 01 June 1965 |
| DOI | http://doi.org/10.1177/0067205X6500100218 |
| Subject Matter | Book Reviews |
368
Federal Law Review [VOLUME 1
Cases
on
the Constitution
of
the Commonwealth
of
Australia, by GEOFFREY
SA
WER,
B.A.,
LL.M. (Melb.),
of
the Victorian
Bar;
Professor
of
Law, Australian National University, formerly Associate Professor
of
Law, University
of
Melbourne, 3rd ed. (Law Book Company
of
Australasia Pty Ltd, Sydney,
1964),
pp. i-xxxii,
1-674.
Price £4
15s.
This book is now
well
known to, and much used by, law teachers and
law students and most members
of
the profession; and this third edition
will be welcomed by all
of
them. An extensive review
of
athird edition
of
such abook, which has been widely reviewed in earlier editions,1
would not be justified perhaps. Something more than amere note
of
changes made is called for nonetheless.
This
is
not acase-book in the modern American style.
It
is
not
designed as a
'course-book'
for aproblem-solving class.
It
is much
more acollection
of
very carefully culled judicial texts currently authori-
tative where the principles
of
our federal Constitution are concerned.
It
is more than that, however, for the texts chosen enable students to
understand the broad sweep
of
doctrinal developments in constitutional
interpretation over the last sixty years. Further, Professor Sawer's
cryptic and penetrating notes lead more advanced students
of
the law
not only to read more widely but to ponder more deeply upon many
of
the more puzzling questions which arise or may arise under our Con-
stitution.
In
spite
of
the fact that eight cases which were included in the second
edition have been dropped,2 this edition is nearly fifty pages longer
than the last. This underlines the difficulties facing the author
of
such
abook where the law
of
the federal Constitution is concerned.
In
the
seven years between editions there were
at
least the eleven additional
cases now in the book3which simply had to be included
if
the general
structure
of
the book was
to
be maintained and kept up to date.
In
this reviewer's opinion,
at
least one other should have made up the
1E.g. W. Friedmann, (1957) 57 Columbia Law Review 1195; M. R. R. Davies,
(1957) 6International and Comparative Law Quarterly 711; Sir
John
Latham, (1957)
1Melbourne University Law Review
266;
S.
A. de Smith, (1957) 20 Modern Law
Review 681; F. R. Beasley, (1957) 4University
of
Western Australia Annual Law
Review 179; E. McWhinney, (1958) 7American Journal
of
Comparative Law 426.
2Stock Motor Ploughs
Ltd
v.
Forsyth (1932)
48
C.L.R. 128; Morgan
v.
Common-
wealth (1947) 74 C.L.R. 421; Gratwick
v.
Johnson (1945)
70
C.L.R. 1; Wilcox Mofflin
Ltd
v.
New South Wales (1952)
85
C.L.R. 488; Parton
v.
Milk
Board (Victoria) (1949)
80 C.L.R. 229; Federated State School Teachers' Association
of
Australia
v.
Victoria
(1928)
41
C.L.R. 569; Nelungaloo Pty
Ltd
v.
Commonwealth [1951] A.C. 34;
and
Commonwealth
v.
Limerick Steamship
Co.
Ltd
(1924)
35
C.L.R.
69.
3Commonwealth
v.
Cigamatic
Pty
Ltd
(1962)
108
C.L.R. 372; Victoria and New
South Wales
v.
Commonwealth (1957)
99
C.L.R. 575; Harris
v.
Wagner (1959)
103
C.L.R. 452; Fish Board
v.
Paradiso (1956)
95
C.L.R. 443; Egg Marketing Board
v.
Bonnie Doone Trading Company (N.S.W.) Pty
Ltd
(1961-1962) 107 C.L.R. 27; Dennis
Hotels Pty
Ltd
v.
Victoria (1960) 104 C.L.R. 529; Illawarra District County Council
v.
Wickham (1958-1959)
101
C.L.R. 467; Attorney-General for Victoria
v.
Common-
wealth (1961-1962) 107 C.L.R. 529; The Queen
v.
President, etc.
of
the Commonwealth
Conciliation and Arbitration Commission (1959) 107 C.L.R. 208; Lamshed
v.
Lake
(1958)
99
C.L.R. 132; Dennis Hotels Pty
Ltd
v.
Victoria (1961) 104 C.L.R. 621.
To continue reading
Request your trial