Australian Constitutional Values: 21 (Hart Studies in Comparative Public Law) - Hardcover

Rosalind Dixon

Hardcover

ISBN 10: 150991840X ISBN 13: 9781509918409

Publisher: Hart Publishing, 2018

Synopsis

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.

About this title

About the Author

Rosalind Dixon is Professor of Law at the University of New South Wales, Australia.

Edition details

• Publisher: Hart Publishing
• Publication date: 2018
• Language: English
• ISBN 10: 150991840X
• ISBN 13: 9781509918409
• Binding: Hardcover
• Edition number: 1
• Number of pages: 336
• Editor: Rosalind Dixon