Rosalind Dixon

Adrienne Stone

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

The Invisible Constitution in Comparative Perspective

Frederick Schauer

Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.

The Oxford Handbook of Freedom of Speech

The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

Cheryl Saunders

Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

The Oxford Handbook of the Australian Constitution

Carolyn Evans

Recently the alarm has been raised – basic freedoms are under attack in our universities. A generation of ‘snowflake’ students are shutting out ideas that challenge their views. Ideologically motivated academics are promoting propaganda at the expense of rigorous research and balanced teaching. Universities are caving in and denying platforms to ‘problematic’ public speakers. Is this true, or is it panic and exaggeration? Carolyn Evans and Adrienne Stone deftly investigate the arguments, analysing recent controversies and delving into the history of the university. They consider the academy’s core values and purpose, why it has historically given higher protection to certain freedoms, and how competing legal, ethical and practical claims can restrict free expression. This book asks the necessary questions and responds with thoughtful, reasoned answers. Are universities responsible for helping students to thrive in a free intellectual climate? Are public figures who work outside of academia owed an audience? Does a special duty of care exist for students and faculty targeted by hostile speech? And are high-profile cases diverting attention from more complex, serious threats to freedom in universities – such as those posed by domestic and foreign governments, industry partners and donors?

Academic freedom and freedom of speech of Australia

Open Minds

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

Adrienne Stone

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