• EAN: 9781862872417
  • 288 pages; 6" x 8⅝"
Filed Under: Constitutional

Interpreting Constitutions

Theories, principles and institutions

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Product Description

Constitutions can be viewed as the road map of liberal democracies. And like any road map, they need to be constantly reconsidered and redrawn as the territory develops and changes.

The contributors undertake this re-interpretation on a number of levels. They examine first the theoretical approaches to constitutional interpretation and then move on to implied rights. There then follows a consideration of the role of the judiciary and parliament in constitutional interpretation, drawing upon a number of examples from around the world.

Introduction

Charles Sampford and Kim Preston

Theoretical Approaches to Constitutional Interpretation

The interpretation of a constitution in a modern liberal democracy

Sir Anthony Mason

Paradigm shifts in judicial interpretation: reframing legal and constitutional reasoning

Bryan Horrigan

Constituting a nation: adjudication as constitutive rhetoric

Sandra S Berns

Democracy and Judicial Choice: The Implied Rights Debate

Constitutionally entrenched common law rights: sacrificing means to ends?

George Winterton

A return to Dicey? The philosophical foundations of the Australian High Court’s implied rights jurisprudence

Haig Patapan

Judicial invalidation of legislation and democratic principles

David Wood

Judiciary and Parliament: Aligning Institutional Roles

The Australian High Court’s role in institutional maintenance and development

Brian Galligan

The Australian Parliament and High Court: determination of constitutional questions

Daryl Williams

Politically sensitive interpretation

David Solomon

Overruling constitutional interpretations

JW Harris

International dimensions of constitutional interpretation

HP Lee

Table of Cases/ Table of Statutes/ References/ Index

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