Australian Constitutional Values

by Rosalind Dixon

Overview

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.

Product Details

ISBN-13:	9781509939510
Publisher:	Bloomsbury Academic
Publication date:	06/25/2020
Series:	Hart Studies in Comparative Public Law
Pages:	336
Product dimensions:	6.69(w) x 9.61(h) x 0.70(d)

About the Author

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

Table of Contents

Foreword v

Notes on Contributors xi

Part I Introduction: Constitutional Values and Interpretation

1 Functionalism and Australian Constitutional Values Rosalind Dixon 3

2 The Justification of Judicial Review: Text, Structure, History and Principle Nicholas Aroney 27

3 Functions, Purposes and Values in Constitutional Interpretation Jeffrey Goldsworthy 43

4 Functions, Context and Constitutional Values Jonathan Crowe 61

Part II Legality and Constitutionalism

5 The Rule of Law Lisa Burton Crawford 77

6 Government Accountability as a 'Constitutional Value' Janina Boughey Greg Weeks 99

7 Impartial Justice Sarah Murray 121

Part III Political Democracy

8 Deliberation as a Constitutional Value Scott Stephenson 133

9 Political Equality as a Constitutional Principle: Cautionary Lessons from McCloy v New South Wales Joo-Cheong Tham 151

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 177

11 Equal Treatment and Non-Discrimination through the Functionalist Lens Amelia Simpson 195

Part V Federalism and Constitutional Identity

12 Democratic Experimentalism Gabrielle Appleby Brendan Lim 221

13 Indigenous Recognition Dylan Lino 243

Part VI National Security and Unity

14 National Security: A Hegemonic Constitutional Value? Rebecca Ananian-Welsh Nicola McGarrity 267

15 Free Trade as an Australian Constitutional Value: A Functionalist Approach to the Interpretation of the Economic Constitution of Australia Gonzalo Villalta Puig 287

Index 305