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Items
Details
Title
Australian constitutional values / edited by Rosalind Dixon.
Added Author
Imprint
Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.
Description
1 online resource (xii, 322 p.)
Series
Hart studies in comparative public law ; v. 21.
Formatted Contents Note
Functionalism and Australian constitutional values / Rosalind Dixon
The justification of judicial review : text, structure, history, and principle / Nicholas Aroney
Functions, purposes, and values in constitutional interpretation / Jeffrey Goldsworthy
Functions, context, and constitutional values / Jonathan Crowe
Legality and constitutionalism : the rule of law / Lisa Burton Crawford
Government accountability as a "constitutional value?" / Janina Boughey and Greg Weeks
Impartial justice / Sarah Murray
Political democracy : deliberation as a constitutional value / Scott Stephenson
Political equality as a constitutional principle : cautionary lessons from McCloy v New South Wales / Joo-Cheong Tham
Liberty as a constitutional value : the difficulty of differing conceptions of "the relationship of the individual to the state" / James Stellios
Equal treatment and non-discrimination through the functionalist lens / Amelia Simpson
Democratic experimentalism / Gabrielle Appleby and Brendan Lim
Indigenous recognition / Dylan Lino
National security : a hegemonic constitutional value? / Rebecca Ananian-Welsh and Nicola McGarrity
Free trade as an Australian constitutional value : a functionalist approach to the interpretation of the economic constitution of Australia / Gonzalo Villalta Puig.
The justification of judicial review : text, structure, history, and principle / Nicholas Aroney
Functions, purposes, and values in constitutional interpretation / Jeffrey Goldsworthy
Functions, context, and constitutional values / Jonathan Crowe
Legality and constitutionalism : the rule of law / Lisa Burton Crawford
Government accountability as a "constitutional value?" / Janina Boughey and Greg Weeks
Impartial justice / Sarah Murray
Political democracy : deliberation as a constitutional value / Scott Stephenson
Political equality as a constitutional principle : cautionary lessons from McCloy v New South Wales / Joo-Cheong Tham
Liberty as a constitutional value : the difficulty of differing conceptions of "the relationship of the individual to the state" / James Stellios
Equal treatment and non-discrimination through the functionalist lens / Amelia Simpson
Democratic experimentalism / Gabrielle Appleby and Brendan Lim
Indigenous recognition / Dylan Lino
National security : a hegemonic constitutional value? / Rebecca Ananian-Welsh and Nicola McGarrity
Free trade as an Australian constitutional value : a functionalist approach to the interpretation of the economic constitution of Australia / Gonzalo Villalta Puig.
Summary
"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."--Bloomsbury Publishing.
Bibliography, etc. Note
Includes bibliographical references and index.
Available Note
Also issued in print.
Location
www
Available in Other Form
Original
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
Reproduction
Electronic reproduction. London : Bloomsbury Publishing, 2014. Available via World Wide Web. Access limited by licensing agreement.
ISBN
9781509918430 online
9781509918409 hardback
9781509918416 electronic book
9781509918423 PDF
9781509918409 hardback
9781509918416 electronic book
9781509918423 PDF
Record Appears in