Constitutional Law covers the nature of the Australian federal system, the structure and powers of the Commonwealth, State and Territorial Parliaments, and the role and functions of the judicial and executive arms of government.
Read the Constitution:
Current compilation: Commonwealth of Australia Constitution Act (ComLaw)
As made: The Australian Constitution (Australian Government. Senate)
Commonwealth of Australia Constitution Act 1900 (UK) (Museum of Australian Democracy)
Annotated Constitution:
Commentaries on the Constitution of Australia / Garran, Robert, Sir (1867-1957) (University of Sydney Library's Australian Digital Collections)
The Constitution of the Commonwealth of Australia / Moore, W Harrison, Sir (1867-1935) (University of Sydney Library's Australian Digital Collections)
Resources
Australian Constitutional Law by Publication Date: 2nd ed, 2024
Federal Constitutional Law: A Contemporary View by Publication Date: 6th ed, 2024
Winterton's Australian Federal Constitutional Law: Commentary & Materials by Publication Date: 4th ed, 2017
Principles of Australian Constitutional Law by Publication Date: 5th ed, 2017
Hanks Australian Constitutional Law: Materials and Commentary by Publication Date: 11th ed, 2021
Lumb Moens and Trone the Constitution of the Commonwealth of Australia Annotated by Publication Date: 9th ed, 2016
Constitutional Law Guidebook by Publication Date: 2nd ed, 2015
Australian Constitutional Landmarks by Publication Date: 2003
State Constitutional Landmarks by Publication Date: 2007
You can search for cases that consider sections of the Constitution by using CaseBase and Westlaw Australia (Cases).
The High Court of Australia decides cases of special federal significance including challenges to the constitutional validity of laws. HCA cases are published in the Commonwealth Law Reports (CLR).
Landmark cases:
- Love v Commonwealth of Australia; Thoms v Commonwealth of Australia (2020) 375 ALR 597; [2020] HCA 3Aboriginal Australians cannot be deported as "aliens".
- Comcare v Banerji (2019) 372 ALR 42; [2019] HCA 23Implied freedom of communication of employees in public service.
- Re Lambie (2018) 263 CLR 601; [2018] HCA 6Qualification to be elected: offices of profit under the Crown. See also Re Nash [No 2] (2017) 263 CLR 443
- Re Gallagher (2018) 263 CLR 460; [2018] HCA 17Qualification to be elected: foreign citizenship. See also Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash; Re Xenophon (2017) 263 CLR 284; Re Kakoschke-Moore (2018) 263 CLR 640
- Re Day [No 2] (2017) 263 CLR 201; [2017] HCA 14Qualification to be elected: indirect pecuniary interests.
- Re Culleton [No 2] (2017) 263 CLR 176; [2017] HCA 4Qualification to be elected: criminal convictions.
- Brown v Tasmania (2017) 261 CLR 328; [2017] HCA 43Constitutional validity of Tasmanian legislation restricting protests.
- McCloy v New South Wales (2015) 257 CLR 178; [2015] HCA 34Constitutional validity of legislation intended to prevent corruption by limiting political donations.
- Plaintiff S4/2014 v Minister for Immigration and Border Protection (2014) 253 CLR 219; [2014] HCA 34HCA sets out constitutional limits on immigration detention.
- Williams v Commonwealth of Australia (2014) 252 CLR 416; [2014] HCA 23The constitutional validity of the federal government’s school chaplaincy program.
- Attorney-General for South Australia v Corporation of the City of Adelaide & Ors (2013) 249 CLR 1; [2013] HCA 3The scope of the implied freedom of political communication under the Australian Constitution.
- JT International SA v Commonwealth of Australia; British American Tobacco Australasia Ltd & Ors v Commonwealth of Australia (2012) 250 CLR 1; [2012] HCA 43The constitutional validity of legislation requiring plain packaging of cigarettes in Australia.
- Pape v Commissioner of Taxation (2009) 238 CLR 1; [2009] HCA 23The constitutional validity of certain one-time payments to taxpayers by the federal government as part of its economic stimulus package.
- Roach v Electoral Commissioner (2007) 233 CLR 162; [2007] HCA 43The constitutional validity of amended federal legislation that imposed a blanket voting ban on all prisoners.
- Thomas v Mowbray (2007) 233 CLR 307; [2007] HCA 33The federal constitutional legislative powers with respect to defense and external affairs, as well as matters relating to the separation of powers.
- New South Wales & Ors v Commonwealth of Australia (2006) 229 CLR 1; [2006] HCA 52The constitutional validity of the “Work Choices” industrial relations legislation passed by the federal Parliament
Below is a list of journals focussing on constitutional law, however articles may be found in a wide range of journals. See the Journals tab on our Law resources Library guide for more information.
Constitutional Law by ISBN: 9780409339185Publication Date: 4th ed., 2015Butterworths Questions and Answers
Historical documents
Comparative Constitutional Law
- Constitute (Comparative Constitutions Project)The World's Constitutions to read, search and compare.
- Global Health and Human Rights DatabaseNational constitutions were selected for their inclusion in the Database where the constitution addresses a right or an obligation considered to be explicitly linked with or interpreted in relation to health or an underlying determinant of health.
- Interpreting constitutions : a comparative study (book)by Jeffrey Denys Goldsworthy (Oxford University Press, 2006)