In this article, the author argues that certain types of constitutional interpretation in Australia have become far too unmoored from the written constitutional text and its intended meaning, the reductio ad absurdum of such unmoored general approaches being the recent High Court of Australia case Brown. The author therefore asserts that there is a serious problem with some types of constitutional interpretation in Australia that have evolved to a point where we can observe few if any outside constraints on the outcomes available to top judges. The author finishes, briefly, by considering what can be done about this state of affairs
© 2009 Dr. Elizabeth Emily HammondAustralian law imposes a duty to exercise statutory discretions re...
Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding ...
The Hyundai-inspired interpretation obliges the courts to interpret, where possible, legislation in ...
Since the Engineers Case decision in 1920, the role of the United States Constitution in interpretin...
The seductive plausibility of single steps in a chain of evolutionary development of a legal rule is...
The High Court's Ch III jurisprudence is technical, complex and uncertain. In this article, we consi...
Constitutional orthodoxy views the courts as interpreters of the Constitution with no power to amen...
The High Court's Ch III jurisprudence is technical, complex and uncertain. In this article, we consi...
This article traces the evolution in Australia of fundamental rights protection provided by the cour...
In Kirk the High Court unanimously held that, based on s 73 of the Australian Constitution, the capa...
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitu...
It is now commonplace, following the lead of Philip Bobbitt, to distinguish several different modali...
In recent years, British courts have treated constitutional statutes differently from ordinary statu...
This article considers the way in which judges play a significant role in developing the meaning of ...
Constitutional theory in Australia, as in the USA and other liberal democracies, is contested by riv...
© 2009 Dr. Elizabeth Emily HammondAustralian law imposes a duty to exercise statutory discretions re...
Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding ...
The Hyundai-inspired interpretation obliges the courts to interpret, where possible, legislation in ...
Since the Engineers Case decision in 1920, the role of the United States Constitution in interpretin...
The seductive plausibility of single steps in a chain of evolutionary development of a legal rule is...
The High Court's Ch III jurisprudence is technical, complex and uncertain. In this article, we consi...
Constitutional orthodoxy views the courts as interpreters of the Constitution with no power to amen...
The High Court's Ch III jurisprudence is technical, complex and uncertain. In this article, we consi...
This article traces the evolution in Australia of fundamental rights protection provided by the cour...
In Kirk the High Court unanimously held that, based on s 73 of the Australian Constitution, the capa...
Scholars of criminal law and criminalisation have paid insufficient attention to the use of constitu...
It is now commonplace, following the lead of Philip Bobbitt, to distinguish several different modali...
In recent years, British courts have treated constitutional statutes differently from ordinary statu...
This article considers the way in which judges play a significant role in developing the meaning of ...
Constitutional theory in Australia, as in the USA and other liberal democracies, is contested by riv...
© 2009 Dr. Elizabeth Emily HammondAustralian law imposes a duty to exercise statutory discretions re...
Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding ...
The Hyundai-inspired interpretation obliges the courts to interpret, where possible, legislation in ...