Deakin University
Browse

File(s) under embargo

The Australian Constitution as a Framework for Securing Economic Justice

journal contribution
posted on 2023-10-16, 03:07 authored by Patrick EmertonPatrick Emerton
We contend that, contrary to mainstream understanding, the Australian Constitution provides a meaningful framework for ensuring economic justice, by virtue of its conferral upon the Commonwealth Parliament of particular legislative powers, namely the income justice and taxation powers. We draw on Rawlsian political theory, together with constitutional theory including recent work on constitutional directive principles, to explain how a constitution, and specifically the Australian Constitution, can impose requirements upon the political order independently of its operation as a legal instrument whose legal meaning is interpreted and applied by the courts. We use this novel account of the relationship between political and legal constitutionalism to establish the consequences, for each branch of government, of this constitutional requirement to secure economic justice. This includes a defence, from the perspective of political as well as legal constitutionalism, of the constitutionality of laws imposing retrospective taxation.

History

Journal

Federal Law Review

ISSN

0067-205X

eISSN

1444-6928

Language

en

Publication classification

C1 Refereed article in a scholarly journal

Publisher

SAGE Publications

Usage metrics

    Research Publications

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC