The excessive court docket, the structure and Australian Politics is an in-depth exploration of the connection among judgements of the excessive courtroom and broader political currents in Australia. It starts with an research of the styles and results of constitutional invalidation and dissent at the excessive courtroom through the years, and their correlation with political tendencies and attitudes. It additionally examines the position of constitutional modification in expressing renowned constitutional understandings within the Australian approach. next chapters concentrate on the eras marked via the tenure of the Court's 12 leader Justices, studying Court's judgements within the context of the present political stipulations and understandings of every. jointly, the chapters canvass a wealthy number of money owed of the connection among constitutional legislations and politics in Australia, and of ways this dating is laid low with components akin to the method of appointment for top court docket judges and the Court's particular willingness to contemplate political and neighborhood values.
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Extra resources for The High Court, the Constitution and Australian Politics
Sample text
20 THE HIGH COURT, THE CONSTITUTION AND AUSTRALIAN POLITICS supported by the contemporary government, which would be reflected in higher rates of invalidated legislation. Again, this can be interpreted narrowly to mean that the Court is acting in a countermajoritarian manner if it invalidates legislation enacted by the current legislature. Alternatively, a broad interpretation is that the Court behaves in a countermajoritarian manner if it strikes down any legislation enacted over the period the current government has been in power, or more broadly still if it strikes down any legislation enacted by a government of the same political persuasion.
15 See, eg, Barry Friedman, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution (Farrar, Straus and Giroux, 2009) 369: ‘the long-run fate of the Roberts Court is not seriously in doubt; its decisions will fall tolerably within the mainstream of public opinion, or the Court will be yanked back into line’. 16 Rosalind Dixon and Eric Posner, ‘Limits of Constitutional Convergence’ (2011) 11 University of Chicago Journal of International Law 399.
See Irving in Chapter 10 at p. 180. See Irving in Chapter 10 at p. 199. Australian Communist Party v Commonwealth (1951) 83 CLR 1 (‘Communist Party Case’). See Irving in Chapter 10 at p. 200. See Galligan in Chapter 11 at p. 214. 58 In the more modern era, Williams and Kildea suggest, in writing about the Mason Court, that: ‘Even if its critics are right, and the Court did exceed is institutional bounds, it may be that it did so in a way that developed the law in conformity with community attitudes.