Book Review: Principles of Australian Administrative Law
| Author | Leslie Zines |
| DOI | 10.1177/0067205X6400100115 |
| Published date | 01 March 1964 |
| Date | 01 March 1964 |
| Subject Matter | Book Reviews |
172
Federal Law Review
[VOLUME
1
that the National Association for the Advancement
of
Coloured People
could
not
be required by the State law to produce its membership lists.
In
the opinion
of
the Court, the evidence failed to disclose any substantial
relationship between the organization and subversive activities and the
law therefore violated the Fourteenth Amendment.
The last two sections
of
Chapter
10
are given over to freedom in edu-
cation and religion and the impact
of
war and emergency on the constitu-
tional guarantees.
Appended to the book
is
achart showing the composition
of
the
Supreme Court since its inception, thus providing akey to the relationship
between changes in the personnel and doctrines
of
the court.
It
is
apleasure to commend this book to students
of
constitutional law.
J.
E.
RICHARDSON*
Principles
of
Australian Administrative Law, by
W.
FRIEDMANN,
LL.D.
(London),
DR
JUR. (Berlin),
LL.M.
(Melbourne), and D. G.
BENJA-
FIELD,
LL.B.
(Sydney),
D.PHIL.
(Oxford) 2nd ed. (The Law Book
Company
of
Australasia Pty Ltd., Sydney, 1962), pp. i-xxiii,
1-263.
Price £2
18s.
In
fields
of
general law, the law applicable in Australia has aclose
identity with the law operating in England. Pronouncements
of
the
House
of
Lords and the Court
of
Appeal on general rules and principles
are treated by courts and lawyers in Australia as expressing, in most cases,
the law applicable in Australia. Decisions
of
single judges in England are
treated as having authority
at
least equal to single judge decisions in
Australia and, sometimes, as having more authority.
For
these reasons English text books on such subjects as contract,
tort, quasi-contract and evidence are regarded as equally applicable to
Australia as to England, apart from any statutory variations. There are
many fields
of
common law and equity in which Australian courts have
made marked contributions and
we
all regret the tendency
of
English
courts and text writers to ignore the Australian experience; nevertheless,
it
would be impossible to produce an 'Australian' work on asubject
of
general law that was predominantly judge-made without
it
containing
agreat deal that was also 'English '. Awriter
of
such abook would
regard it as equally appropriate to English conditions and might avoid
using the word 'Australian' in the title. Case books prepared for use
in Australian law schools in common law and equity subjects, for example,
do
not
usually specify in their titles
the'
nationality'
of
the law expounded.
The situation is,
of
course, otherwise where the law is largely statutory
or
the work
is
intended to deal only with distinctly Australian variations
or
developments.
*B.A., LL.M. (Melb.), Barrister and Solicitor; Robert Garran Professor
of
Law
and Dean
of
the Faculty
of
Law, School
of
General Studies, Australian National
University.
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