The Crown
Essays on its manifestation, power and accountability
edited by Martin Hinton and John M. Williams
Foreword by the Hon. Justice Stephen Gageler AC
$99.00 | 2018 | Paperback | 978-1-925261-79-0 | 394 pp
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Chapter details
1. The Crown
Professor John Williams
2. Sovereignty and the First Australians
Professor Megan Davis
3. Sovereignty and the Australian People
R Niall QC
4. The Vice Regal Offices
M G Sexton SC
5. The Model Litigant
G Donaldson QC
6. Judicial Review and the Commonwealth Crown
The Hon Chief Justice M Grant
7. The Rule of Law and the Crown
J Gleeson SC and C Winnett
8. The Executive Power of the Crown
The Hon Justice M Hinton and Sue Milne
9. The Crown as Prosecutor
The Hon K Duggan AM RFD QC
10. Can the Crown Do Wrong?
M Evans QC and F McDonald
11. Executive Power and Responsible Government
C Bleby SC
12. The A-G, the DPP, the Police and the Crown
A P Kimber SC
13. Future Directions in the non-statutory power of the executive government to contract and spend
C Jacobi and D O’Leary
14. Judicial Review and the State Crown
The Hon Justice S McLeish
15. The First Law Officer
W Sofronoff QC
16. The Second Law Officer
Associate Professor Gabrielle Appleby
17. Advising and Acting for the Crown
The Hon Justice Parker
Since 1901, when the Australian colonies united to form one federation — one united people, one indissoluble Federal Commonwealth, several states, one Crown — the notion of the Crown has remained a value-laden abstraction, defying legal definition. Aspects of its operation and application have been described, and aspects of its legal incidents and legal consequences have been identified. But its contours have never been mapped.
The contributors to this book each shine a light on one particular dimension of the notion of the Crown. Discussions include the nature and role of the Crown; the concept of sovereignty with regards to the First Australians, and to the Australian people as a whole; the question of whether the Crown can do wrong; the roles of various law officers of the Commonwealth of Australia; and future directions for the Crown.
Collectively, the chapters in this book do much to deepen our appreciation of the notion of the Crown.
About the editors
The Hon. Justice Martin Hinton was appointed to the to the bench of the Supreme Court of South Australia in 2016. Before that, he served as the second law officer of South Australia in the role of Solicitor-General, appearing for the State in numerous matters before the High Court.
Professor John Williams is Pro Vice-Chancellor — Research Operations and Dean of Graduate Studies at The University of Adelaide. His main research interests are public law, in particular Australian constitutional law, The High Court of Australia, comparative constitutional law, federalism and legal history.
