Australian constitutional values

著者

書誌事項

Australian constitutional values

edited by Rosalind Dixon ; [foreword by Sir Anthony Mason]

（Hart studies in comparative public law, v. 21）

Hart, 2020, c2018

  • : pb

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注記

"Bloomsbury"--Cover

Originally published: 2018

Includes index

内容説明・目次

内容説明

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.

目次

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 6. Government Accountability as a 'Constitutional Value' Janina Boughey and Greg Weeks 7. Impartial Justice Sarah Murray PART III: POLITICAL DEMOCRACY 8. Deliberation as a Constitutional Value Scott Stephenson 9. Political Equality as a Constitutional Principle: Cautionary Lessons from McCloy v New South Wales Joo-Cheong Tham PART IV: INDIVIDUAL LIBERTY AND EQUALITY 10. Liberty as a Constitutional Value: The Difficulty of Differing Conceptions of 'The Relationship of the Individual to the State' James Stellios 11. Equal Treatment and Non-Discrimination through the Functionalist Lens Amelia Simpson PART V: FEDERALISM AND CONSTITUTIONAL IDENTITY 12. Democratic Experimentalism Gabrielle Appleby and Brendan Lim 13. Indigenous Recognition Dylan Lino PART VI: NATIONAL SECURITY AND UNITY 14. National Security: A Hegemonic Constitutional Value? Rebecca Ananian-Welsh and Nicola McGarrity 15. Free Trade as an Australian Constitutional Value: A Functionalist Approach to the Interpretation of the Economic Constitution of Australia Gonzalo Villalta Puig

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