Book Review: Constitutional Law: Cases and materials
| Author | J. E. Richardson |
| DOI | 10.1177/0067205X6400100114 |
| Published date | 01 March 1964 |
| Date | 01 March 1964 |
| Subject Matter | Book Reviews |
JUNE
1964]
Book Reviews
167
Page
77
refers to the Whaling Act
1935
(Cth). Afootnote might have
been included referring
to
the Whaling Industry (Regulation) Act, 1934
(U.K.), one
of
the few Acts
of
the United Kingdom Parliament extending
the legislative powers
of
the Commonwealth Parliament. On page 106,
there is areference to the Geneva Convention Act
1938
(Cth),passed
pursuant to the Geneva (Red Cross) Convention
of
1929.
Here again,
areference nlight have been made to the enabling United Kingdom Act,
the Geneva Convention Act,
1937.
On more modern views
of
the extent
of
the external affairs power, neither United Kingdom Act would be
thought
to
have been necessary.
In
the footnote on page
132,
it is stated
that
the adoption
of
the Statute
of
Westminster was permanent and
not
merely for the period
of
the war.
Could it have been adopted for aperiod only? Consideration
of
the
wording
of
section
10
of
the Statute points strongly to the conclusion
that adoption for aperiod was not contemplated.
On page
187,
it
is
said that (in
1948)
the size
of
the Federal Parliament
was doubled, i.e., as from the commencement
of
the Nineteenth Parlia-
ment.
In
fact its size was increased by two-thirds only--from thirty-six
Senators to sixty Senators, with acorresponding increase in the number
of
Representatives.
On
page
193,
it
is
said that the Representation Act
1948
increased the number
of
Senators for aState from
five
to ten. The
increase was, in fact, from
six
to ten.
It
is
also said that
at
the first election
under the new provisions the number
of
Senators to be elected for a
State would, consequently, be seven. This, however, would
not
have
followed as aconsequence
if
the increase had been from
five
to ten and
not
from six to ten. On page 202, there is another incorrect reference
to
the Senate being doubled in numbers.
J.
Q.
EWENS*
Constitutional Law: Cases and materials, by
EDWARD
L.
BARRETT,
JR.
Professor
of
Law, University
of
California, Berkeley;
PAUL
W.
BRUTON,
Professor
of
Law, University
of
Pennsylvania, and
JOHN
HONNOLD,
Professor
of
Law, University
of
Pennsylvania; 2nd ed.
(The Foundation Press, Inc., Brooklyn, 1963), pp. i-xxxviii, 1-1339.
Price not stated.
With
few
exceptions Australian casebooks have been singularly unin-
spiring and serve practically no purpose other than to provide students
with extracts from the law reports in substitution for the reports them-
selves. This American book, however, asecond edition from acompetent
team
of
joint authors, sets astandard which intending authors
of
legal
source books in this country should endeavour to attain. The material
which it contains either to supplement the cases recorded
or
to explain
their significance has been selected with skill and the result is one
of
the
most adequate single contributions to the study
of
constitutional law which
this reviewer has yet seen.
*C.B.E., LL.B. (Adelaide); Commonwealth Parliamentary Draftsman.
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