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Australian Constitutional Values

Edited by: Rosalind Dixon

ISBN13: 9781509939510
Published: June 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £41.99
Hardback edition , ISBN13 9781509918409



Despatched in 6 to 8 days.

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.

Subjects:
Other Jurisdictions , Australia
Contents:
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

Series: Hart Studies in Comparative Public Law

The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
Published March 2022
Hart Publishing
£31.99
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The Role of Monarchy in Modern Democracy: European Monarchies Compared (eBook) ISBN 9781509931026
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The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
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£70.00
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
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£31.99
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
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£36.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£54.99
£41.99
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£36.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£36.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£41.99
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£44.99
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£100.00
£54.99
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£75.00
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
£31.49
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£70.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£34.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£34.99
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£90.00
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
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£37.79
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£32.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
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£75.00
£120.00
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
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£29.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
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£36.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
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£33.29
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The Federal Idea: Public Law Between Governance and Political Life
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ISBN 9781509907113
Published August 2017
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£80.00
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
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£38.99
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
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£80.00
£33.29
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
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£80.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
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£33.29
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£80.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£37.79
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
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£95.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
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£31.49
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
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£80.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
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£75.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
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£29.69
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
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£80.00
£26.99
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The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
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£33.29
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published February 2015
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£44.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
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£36.99
Constitutionalising Secession ISBN 9781849464376
Published February 2014
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Constitutionalising Secession (eBook) ISBN 9781782253310
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Israeli Constitutional Law in the Making ISBN 9781849464093
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
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