The High Court, the Constitution and Australian PoliticsRosalind Dixon, George Williams The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values. |
Contents
A quantitative | 18 |
Judicial review and the politics of constitutional amendment | 38 |
Judicial dissent and the politics of the High Court | 58 |
The Griffith Court | 77 |
The Knox Court | 98 |
The Isaacs Court | 116 |
The Gavan Duffy Court | 141 |
The Latham Court | 159 |
The Dixon Court | 179 |
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The High Court, the Constitution and Australian Politics Rosalind Dixon,George Williams Limited preview - 2015 |
Common terms and phrases
amendment appointment Attorney-General Australian Constitution Barwick CJ Callinan challenges Chapter Chief Justice Chifley Commissioner of Taxation common law Commonwealth power conservative Constitutional Law context Coper and George countermajoritarian Court of Australia Court’s Court’s decision decision-making dissent election enacted Evatt Federal Commissioner federal legislation Federation Press Gaudron Gavan Duffy George Williams eds George Winterton Gleeson CJ Gleeson Court government’s Gummow Hayne Heydon Higgins High Court Ibid invalidated Isaac Isaacs Isaacs issue judges judgment judicial review Kable Kirby Labor Government Latham Court Law Review Lionel Murphy Mabo majoritarian majority Mason Court McHugh McTiernan Melbourne University Press Menzies Michael Coper Michael Kirby Murray Gleeson Nationalisation native title opinion Owen Dixon parliament Parliamentary Debates Prime Minister Pty Ltd Queensland referendum role Scullin South Wales Starke Supreme Court Sydney Morning Herald Tony Blackshield unreported upheld validity Wales v Commonwealth Western Australia Whitlam Zelman Cowan