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Interpreting Constitutions : Theories, principles and institutions - Charles Sampford

Interpreting Constitutions

Theories, principles and institutions

By: Charles Sampford (Editor), Kim Preston (Editor)

Hardcover

Published: November 1996
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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

ISBN: 9781862872417
ISBN-10: 1862872414
Series: Law, Ethics and Public Affairs Series
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 288
Published: November 1996
Publisher: Federation Press
Country of Publication: AU
Dimensions (cm): 24.6 x 15.5  x 2.3
Weight (kg): 0.56
Edition Number: 1