Australian Medical Liability PDF Download

Author: Bill Madden
Publisher:
ISBN: 9780409333282
Category : Liability (Law)
Languages : en
Pages : 373

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Book Description
Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition provides a detailed and in depth commentary on the elements of medical liability caselaw and legislation.

Author: Matthew Groves
Publisher:
ISBN: 9781862875883
Category : Law
Languages : en
Pages : 326

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Book Description
An unrivalled collection of scholars contribute to a book to explore how law and government may affect each other. The authors are all leaders in their field and have joined to honour one of Australia's most distinguished legal scholars - Enid Campbell -who was recently awarded a Companion of the Order of Australia for her services to the law and legal scholarship. The contributors examine problems within their special field of expertise. The constitutional law experts and their topics include: George Winterton on the changing role of the Governor-General Leslie Zines who examines one of the unresolved issues of intergovernmental immunities HP Lee who explains the implications of the High Court's most recent decisions on the implied freedom of political communication Jeff Goldsworthy who considers the extent to which a government can bind its successor The administrative law experts and their topics include: Mark Aronson who asks whether the doctrine of nullity has a future in Australian law Bruce Dyer who explains how the High Court has refashioned the 'legitimate expectation' and what that means for the requirements of natural justice Dennis Pearce, a former Commonwealth Ombudsman, who examines the most important issues facing Ombudsmen today Sir Anthony Mason who asks whether estoppel has a place in Australian public law.The papers that cover other important legal issues relevant to government include: Matthew Groves who details how the declining role of ministerial responsibility affects the operation of judicial review Mike Taggart, New Zealand's most eminent legal scholar, who explains the history of legislation used by Attorneys-General to have the most difficult people declared vexatious Richard Garnett, who explains the choices faced by the Australian government in the future of conflict of laws Enid Campbell examines the writings of the legendary American scholar Lon Fuller. She asks whether some government decision-making is just not suited to review by the courts.

Author: Judith Bannister
Publisher: Cambridge University Press
ISBN: 1108576915
Category : Law
Languages : en
Pages : 597

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Book Description
The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.

Author: Andrew Inglis Clark
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 472

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Book Description

Author: Andrew Byrnes
Publisher: UNSW Press
ISBN: 1921410175
Category : History
Languages : en
Pages : 249

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Book Description
"Australia is often cited as the only Western nation without a bill of rights. While this remains true at a national level, the states and territories have recently taken the running on developing local bills of rights. The ACT adopted a Human Rights Act in July 2004 and in 2006. Victoria enacted a Charter of Human Rights and Responsibilities in January 2007. Tasmania has now moved formally to consider similar legislation. And Western Australia, Queensland and New South Wales also seem likely to take this course. This book examines the significance and ramifications of these radical developments. It is the first to offer a comprehensive examination of this new form of legislation in Australia"--Provided by publisher.

Author: Graham L Paterson
Publisher: Strategic Book Publishing & Rights Agency
ISBN: 1631358421
Category : Constitutional law
Languages : en
Pages : 243

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Book Description
“The continued usage of the Australian Constitution Act (UK) by the Australian Governments and the judiciary is a confidence trick of monstrous proportions played upon the Australian people with the intent of maintaining power…. Authority over the Australian Constitution Act lies not with the Australian government, nor with the Australian people. It rests solely with the UK. Only they have the authority to repeal this legislation....” - The late Professor G. Clements, UK QC and emeritus Professor in Law at Cambridge University This book is the first of its type to be written in the last 114 years. Nobody has done so since Quick and Garran in 1901. The British Colony of Australia Act (1900) represents Australia's primary law. It is still used today as our Constitution. That Act controls all our lives. The British Government added the first eight parts of this Act and the ninth part is the draft Constitution. That draft was changed by the British Government before they would allow the Act to be presented to their Parliament. This amended Constitution was never presented to the “people” of Australia for their approval. The document is steeped in nineteenth century colonial thinking, and has never been brought up to date. It remains antiquated and bears very little relationship to the way we are governed. It is a myth that the referendums in 1899 and 1900 asked the “people” to approve the draft Constitution. The few selected “people” were asked if they wanted “union of the Colonies or disunion”. The acceptance of the original draft Constitution was taken for granted. The draft Constitution was never about democracy or Australian sovereignty. Another of the myths this book debunks is that the Constitution can only be changed by a referendum of the Australian people. The fifty colonial representatives; referred to as our “the founding fathers”, saw fit to include thirty nine provisions allowing Parliament to change the Constitution any time the ruling party wished. They have done this so many times in the last 114 years that no one has kept count. Read this book and find out why this primary law of the land is never taught in our schools, and how it controls your life.

Author: Richard Bellamy
Publisher: Routledge
ISBN: 1351540696
Category : History
Languages : en
Pages : 743

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Book Description
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Author: Peter John Hanks
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 504

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Book Description
Comprehensive guide which reviews the fundamental aspects of the area as it applies to state and federal governments and their political dimensions. Suitable for both students and practitioners. Includes tables of cases and statutes.

Author: John Carvan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 210

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Book Description
A concise account of the language and structures of the Australian legal system for those who want a succinct yet thorough approach to this subject. Contents include: studying law, the law-making process, the legal system, precedent, the interpretation of statutes, contracts and commercial dealings and more.

Author: Lisa Burton Crawford
Publisher:
ISBN: 9781760021337
Category : Australia
Languages : en
Pages : 224

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Book Description
* The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.