The Australian Constitution: A century of irrelevance

Bagaric, Mirko and McConvill, James 2003, The Australian Constitution: A century of irrelevance, University of Tasmania law review, vol. 21, no. 2, pp. 89-110.

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Title The Australian Constitution: A century of irrelevance
Author(s) Bagaric, Mirko
McConvill, James
Journal name University of Tasmania law review
Volume number 21
Issue number 2
Start page 89
End page 110
Publisher University of Tasmania
Place of publication Hobart, Tas.
Publication date 2003
ISSN 0082-2108
Keyword(s) constitutional law
constitutions
Summary Why the Australian Constitution is irrelevant - while some aspects of the Constitution, such as the separation of powers doctrine, provide the prospect for a Constitution that is more committed to principles of relevance to the citizenry, consideration must be given to the role played by the Constitution in Australian society, and whether it is as important as it should be - effort spent interpreting many sections of the Constitution has been a waste of the High Court's time and energy - given that no important rights and duties are at stake, consistency should be the main objective for the Court in such cases - in the teaching of constitutional law, less time should be spent focusing on mechanistic case law - emphasis should be placed on the values and ideals that inform the content and development of constitutional principles.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Law School, University of Tasmania
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002068

Document type: Journal Article
Collection: School of Law
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