Book Review: Parliamentary Privilege in Australia
| Author | A. G. Turner |
| DOI | 10.1177/0067205X6700200212 |
| Date | 01 June 1967 |
| Published date | 01 June 1967 |
| Subject Matter | Book Reviews |
JUNE
1967]
Book Reviews
301
of
the constitutional operation extends over only eighty pages or, so, so
that this
is
in effect afairly lengthy essay on these aspects
of
the Act.
Even so, it
is
out
of
the normal line
of
such studies, for Professor Lane
tells us quite clearly that his purpose is to support the national control
of
restrictive practices which he regards as socially and economically
desirable. This being so, he looks for legal interpretations which 'with
integrity and without distortion'
will
support the Act and allow the
economist rather than the legal technician to get on with the job.
Accordingly he examines the various provisions
of
the Act in light
of
the various constitutional supports upon which they may rest: among
them section
51
(1.) the trade and commerce power, section
51
(xx.)
the corporations power, section
98
which provides that the power
of
the
parliament to make laws with respect to trade and commerce extends to
navigation and shipping, and section
122,
the power to legislate for
Commonwealth territories.
Not
surprisingly, some
of
his readings
of
the
scope
of
these powers are open to question, but on his own statement
he
is
an advocate, concerned to provide constitutional underpinnings for
desirable legislation, and not to promote 'mischievous
doubts'
or
to
write amore usual 'legalist 'essay which explores the arguments in a
very different way. Since this
is
the object
of
the exercise there is little
point in embarking on an extended discussion
of
the merits
of
his inter-
pretations. The same applies to his consideration
of
the operation
of
section
92
and
of
Chapter III
of
the Constitution (the Judicature Chapter)
on the relevant provisions
of
the Act.
Professor Lane is avery hard-working and learned lawyer. Whether
he best serves the ends
of
scholarship by writing like this, Iam inclined
to
doubt, but he
is
certainly frank in stating his purpose. Iam more
troubled that the book has been blown up into more than
250
pages, when
the constitutional operation
of
the Act is reviewed in only one third
of
that space. ZELMAN
COWEN·
Parliamentary Privilege
in
Australia, by
ENID
CAMPBELL,
Professor in
Law, Monash University. (Melbourne University Press, 1966),
pp. i-vii,
1-218.
$6.00.
It
is unfortunate that the particular quality
of
this book and its com-
prehensive treatment
of
arelatively complex subject will probably limit
its reading to those who are interested in Parliament
or
have occasion
to refer from time to time to Parliament's laws and practices in their
application to parliamentary privilege. Awider reading public would
do much to dispel apopular misconception that privilege
is
synonymous
with perquisites and make it clear that the privileges
of
Parliament
*M.A., B.C.L. (Oxon.), B.A., LL.M. (Melb.), Vice-Chancellor, University
of
New·England.
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