Australian Constitutional Values

Name: Australian Constitutional Values
Brand: Allen & Unwin
SKU: 9781509939510
Price: 88.0 NZD
Availability: InStock

Series: Hart Studies in Comparative Public Law

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Summary

Australian Constitutional Values explores the significant yet debated role of constitutional values in legal interpretation within Australia's constitutional framework. This insightful collection features contributions from leading Australian constitutional lawyers and scholars, addressing the relevance, scope, and impact of substantive constitutional values on the High Court's approach across different contexts, especially reflecting on the Mason Court era.
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Format: Paperback / softback

$88⁰⁰

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Australian Constitutional Values

$88⁰⁰

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Ideal for students, legal professionals, and scholars interested in Australian constitutional law and judicial interpretation.

Description

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.

Australian Constitutional Values 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.