Cowen and Zines's federal jurisdiction in Australia / Geoffrey Lindell.

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Publication details:
Annandale, N.S.W. : The Federation Press, 2016.
Edition:
4th edition
Record id:
87078
Added title:
Federal jurisdiction in Australia.
Zine's the High Court and the constitution.
Subject:
Jurisdiction -- Australia.
Judicial power -- Australia.
Courts -- Australia.
Contents:
1. The Nature, Origin and Significance of Federal Jurisdiction
2. Original Jurisdiction of the High Court
3. Jurisdiction Between Residents of Different States
4. The Federal Courts
5. The Territorial Courts and Jurisdiction with Respect to the Territories
6. The Autochthonous Expedient: The Investment of State Courts with Federal Jurisdiction
7. Chapter III Restrictions on Legislative Power Resulting from the Conferral of Federal Jurisdiction on State and Federal Courts
8. Laws Applicable in the Exercise of Federal Jurisdiction
9. Appellate Jurisdiction of the High Court
10. Epilogue.
Summary:
"This book examines the jurisdiction of the High Court, federal courts and Territory courts, as well as the federal jurisdiction of State courts. It is an area of law that has been described as technical, complicated, difficult and not infrequently absurd. It is, however, the direct result of the federal distribution of judicial power made by the Australian Constitution and it is of great practical importance. Much of the difficulty and some of the absurdity has come about because of the unthinking copying of the United States Constitution. On a number of matters, therefore, the book contains an analysis of the American position. The enactment in 1988 of the scheme for the cross-vesting of the jurisdiction of federal, State and Territory superior courts seemed to bring to an end some of the litigious arguments based on technical jurisdictional issues that were of no social benefit. But when a vital part of the scheme was held unconstitutional in 1999 many of the difficulties analysed in this book became once again, and continue to be, of increasing legal concern. This has been partly due to the statutory extensions of the jurisdiction vested in federal courts apart from the High Court." -- Publisher's website.
Note:
Includes bibliographical references and index.
ISBN:
9781760020927
9781760020682
Phys. description:
xli, 468 pages ; 25 cm