Resolving conflicts of laws / Mark Leeming.

Annandale, N.S.W. : Federation Press, 2011.

1st edition

78486

Law -- Interpretation and construction -- Australia.

Conflict of laws -- Australia.

Federal government -- Australia.

1. 2. 3. 4. 5. 6. 7. Fundamental concepts

Australian sources of law

Resolving conflicts between laws having the same source

Repugnancy : a single test for legislative conflict

Inconsistent Commonwealth and State laws

Conflicts between State laws

Conflicts involving Territory laws.

"An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles. This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation." -- Publisher's website.

Detailed table of contents available via online link.

Table of contents and index are taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9781760021207

9781862878259

xxvii, 258 p. ; 25 cm