The excessive courtroom, the structure and Australian Politics is an in-depth exploration of the connection among judgements of the excessive court docket and broader political currents in Australia. It starts with an research of the styles and results of constitutional invalidation and dissent at the excessive courtroom through the years, and their correlation with political developments and attitudes. It additionally examines the position of constitutional modification in expressing renowned constitutional understandings within the Australian approach. next chapters specialise in the eras marked by means of the tenure of the Court's 12 leader Justices, analyzing Court's judgements within the context of the present political stipulations and understandings of every. jointly, the chapters canvass a wealthy number of money owed of the connection among constitutional legislations and politics in Australia, and of ways this dating is tormented by components equivalent to the method of appointment for top courtroom judges and the Court's particular willingness to contemplate political and neighborhood values.
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See Galligan in Chapter 11 at p. 210. See Galligan in Chapter 11 at p. 210. See Aroney and Patapan in Chapter 12. (1948) 76 CLR 1. 14 THE HIGH COURT, THE CONSTITUTION AND AUSTRALIAN POLITICS constructed to defeat Labor’s political objectives. This idea was most famously encapsulated in the 1957 Chifley Memorial Lecture, delivered by future Prime Minister Gough Whitlam, which he entitled ‘The Constitution versus Labor’. Despite such concerns, constitutional rights guarantees have not proven a major obstacle to either federal ALP or Coalition government policy in Australia.
What if there are different governments at each level, and what if these governments reflect differences in public opinion across jurisdictions? 20 John Williams, for example, discussing the Griffith Court, refers to the instability of political arrangements within the Commonwealth Parliament in its early years: ‘The early parliaments were marked by division within the nonLabor forces and factions within Labor. 21 During the period of the Griffith Court there 17 18 19 20 21 See Coper in Chapter 3 at p.
4 THE HIGH COURT, THE CONSTITUTION AND AUSTRALIAN POLITICS impossible to develop a meaningful understanding of the capital ‘C’ Constitution without some form of attention to small ‘c’ constitutional norms. Core parts of the Australian constitutional system, such as the institution of responsible government, are not mentioned in the text of the Commonwealth Constitution. Common law traditions and norms governing the rule of law, and protecting individual liberty, are arguably equally important and lacking express recognition in the Constitution’s text.