Book Review: The Constitution of the Commonwealth of Australia Annotated
| Published date | 01 March 1978 |
| Date | 01 March 1978 |
| DOI | 10.1177/0067205X7800900108 |
| Author | P. W. Johnston |
| Subject Matter | Book Reviews |
1978] Book Reviews 127
The Constitution
of
the Commonwealth
of
Australia Annotated by
R. D.
LUMB,
LL.M.
(Melb.),
D.Phil.
(Oxon.),
Barrister and Solicitor of
High
Court
of Australia; Reader in Law, University of Queensland
and
K.
W.
RYAN,
B.A.,
LL.B.
(Qld.),
Ph.D.
(Cantab.),
Barrister-at-Law
(Queensland);
Professor of Law, University of Queensland.
(Butter-
worths, 1977, 2nd
Edition),
pp. i-lvi, 1-396. Cloth, recommended retail
price $25.00 (ISBN: 0409 37882
8);
Paperback, recommended retail
price $20.00 (ISBN: 0409 37883
6).
In
reviewing the first edition
of
this book in 1974 Imade two main
observations
that
are relevant to adiscussion of the new edition.
The
first was
that
the work would prove avaluable addition to constitutional
literature in Australia, particularly as acompendium to which reference
could be made as astarting point for research
or
understanding, by
practitioners, teachers and students (including those who were
not
strictly interested in legal studies).
The
second
vvas
to comment
that
the book was appearing
at
an
unfortunate
period, due to the advent of
the first
Labor
Government since the 1940s.
The
activities
of
that
Government gave rise to much turbulence in constitutional law
so
that
many
aspects
of
it would require revision.
Experience of the book in the short period since it first appeared
have confirmed its usefulness as
°a
resource text,
and
furthermore, have
shown
that
many parts of it can usefully be employed in aid of law
teaching.
The
problems mentioned above about the period in which it was
written provide, in fact, the justification for a
ne~w
edition, relatively,
so
soon
after
the original.
The
new edition has sought to cover
not
only
the movements in substantive federal law concerning powers
and
prohibitions,
but
also explores anew those aspects of constitutional law
that deal with the institutions
of
government
itself~,
such as the relations
between the Executive
and
Government, and between the Houses
of
Parliament, in the light
of
the events
of
1974
and
1975. Thus we now
have the benefits
of
the authors' comments on such important cases as
New South Wales
v.
The Commonwealth
(the
Seabeds case),! Victoria
v.
The Commonwealth and Hayden
(the
Australian Assistance
Plan
case),2
and
the double dissolution trilogy, Cormack
v.
Cope,3 Victoria
v.
The Commonwealth and Connor
(the
Petroleum
and
Minerals
Authority
case)4 and Western Australia
v.
The Commonwealth
(the
Territories' Senators case).5
In
looking
at
such matters as the refusal of the Senate to pass Supply,
and the consequent dismissal of the Whitlam Government in 1975
(in
considering sections 53 and 62
of
the C'onstitution) the authors have
managed to
treat
the
matter
with remarkable terseness and dispas-
sionate objectivity, which
is
fitting given
that
the book
is
not
suitable
1(1975) 8A.L.R. 1.
2(1975) 134 C.L.R. 338.
3(1974)
131
C.L.R. 432.
4(1975) 134 C.L.R. 81.
l)
(1975) 134 C.L.R. 201.
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