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eBook details

• Title: Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan (Australia)
• Author : University of Queensland Law Journal
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 302 KB

Description

Justice Callinan has rightly commented that 'it is not only risky but also of doubtful utility to pin a label on a particular judge'. (1) This is because, in his view, 'there is no single methodology by which the work of the Court, including its Constitutional work can be performed'. (2) Justice Callinan has been described by Selway J (3) as falling within the 'flexible five' on the High Court--a description in which Callinan J has revelled. (4) He has also been described by Andrew Lynch as the 'most statistically unpredictable member' of the High Court. (5) Yet despite the flexibility he has shown in constitutional interpretation, there is one distinct trait that marks Callinan J's approach to constitutional interpretation. It is his view that the purpose of the Constitution is to provide stability and certainty and that it may only be altered by the Australian people through a referendum, not by the courts. This is evident in his judgments that address the relationship between constitutional interpretation and referenda, the theory of evolutionary constitutional interpretation and the drawing of implications from the Constitution.

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