Australian Constitutional Values

Author: Rosalind Dixon
Publisher: Hart Publishing
ISBN: 9781509918409

Published In: February 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509939510

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Description
Contents

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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 clear 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 in the future 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 values.

PART I: INTRODUCTION: CONSTITUTIONAL VALUES AND INTERPRETATION

1. Functionalism and Australian Constitutional Values

Rosalind Dixon

2. The Justification of Judicial Review: Text, Structure, History and Principle

Nicholas Aroney

3. Functions, Purposes and Values in Constitutional Interpretation

Jeffrey Goldsworthy

4. Functions, Context and Constitutional Values

Jonathan Crowe

PART II: LEGALITY AND CONSTITUTIONALISM

5. The Rule of Law

Lisa Burton Crawford