Australian constitutional values / edited by Rosalind Dixon.

Format:

Book

Contributor:

Dixon, Rosalind, editor.

Series:

Hart studies in comparative public law ; v. 21.

Hart studies in comparative public law ; v. 21

Language:

English

Subjects (All):

Constitutional law--Australia.

Constitutional law.

Australia--Politics and government.

Australia.

Physical Description:

1 online resource (335 pages) : illustrations

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

"Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system."--Bloomsbury Publishing.

Contents:

Functionalism and Australian constitutional values

Rosalind Dixon

The justification of judicial review : text, structure, history, and principle

Nicholas Aroney

Functions, purposes, and values in constitutional interpretation

Jeffrey Goldsworthy

Functions, context, and constitutional values

Jonathan Crowe

Legality and constitutionalism : the rule of law

Lisa Burton Crawford

Government accountability as a "constitutional value?"

Janina Boughey and Greg Weeks

Impartial justice

Sarah Murray

Political democracy : deliberation as a constitutional value

Scott Stephenson

Political equality as a constitutional principle : cautionary lessons from McCloy v New South Wales

Joo-Cheong Tham

Liberty as a constitutional value : the difficulty of differing conceptions of "the relationship of the individual to the state"

James Stellios

Equal treatment and non-discrimination through the functionalist lens

Amelia Simpson

Democratic experimentalism

Gabrielle Appleby and Brendan Lim

Indigenous recognition

Dylan Lino

National security : a hegemonic constitutional value?

Rebecca Ananian-Welsh and Nicola McGarrity

Free trade as an Australian constitutional value : a functionalist approach to the interpretation of the economic constitution of Australia

Gonzalo Villalta Puig.

Notes:

Includes index.

Includes bibliographical references and index.

ISBN:

9781509918430

1509918434

9781509918423

1509918426

OCLC:

1008770931