| Description |
xi, 279 pages ; 24 cm |
| Contents |
Chapter 1: Introduction -- Chapter 2: Legalism, Dixonian Legalism and the Gleeson Court -- Chapter 3: Realism and the Mason Era -- Chapter 4: Natural Law and the Jurisprudence of Justices Deane and Toohey -- Chapter 5: Contemporary Pragmatic Thought -- Theory, Pragmatism and the Gleeson Court -- Chapter 7: Foundational Developments Concerning the Separation of Powers Doctrine in Australian Jurisprudence -- Chapter 8: Chapter III and the Mason Era -- Chapter 9: The Brennan Era: Chapter III, Constitutional Principle and Methodological Change --Chapter 10: Substantive and Methodological Change in Chapter III Jurisprudence and the Gleeson Era |
| Summary |
This book reviews the movements that have occurred in the High Court's approach to constitutional issues during the Dixon, Mason and Gleeson eras using the legal theory perspectives of legalism, realism and pragmatism. To date, the relevance of theoretical reasoning to Australian constitutional jurisprudence has received relatively little attention. Analysis of constitutional decisions has tended to focus on outcomes rather than method. The book provides a contemporary, comparative and analytical perspective on the manner in which theoretical perspectives can be used to understand and explain the movement of the High Court's constitutional jurisprudence. The discussion is timely in view of the retirement of Chief Justice Gleeson in August 2008 which is likely to focus attention on the Gleeson Court's approach to constitutional issues and the Court's contribution to Australian law |
| Notes |
Includes index |
| Bibliography |
Includes bibliography and index |
| Subject |
Australia. High Court.
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Constitutional history -- Australia.
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Judges -- Australia.
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Judicial review -- Australia.
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| ISBN |
9780980499407 |
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