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The Australian Constitution: A century of irrelevance

journal contribution
posted on 2003-01-01, 00:00 authored by Mirko Bagaric, J McConvill
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.

History

Journal

University of Tasmania law review

Volume

21

Issue

2

Pagination

89 - 110

Publisher

University of Tasmania

Location

Hobart, Tas.

ISSN

0082-2108

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2003, Law School, University of Tasmania

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