Rewriting Australian Liberalism: The High Court's Jurisprudence of Rights

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Title Rewriting Australian Liberalism: The High Court's Jurisprudence of Rights
Author Patapan, Haig
Journal Name Australian Journal of Political Science
Editor J Dryzek, B Galligan and P Murray
Year Published 1996
Place of publication Australia
Publisher Australian Political Studies Association
Abstract The High Court's recent rights jurisprudence has been unusually controversial. This paper argues that it is possible to evaluate the important developments in the Court's jurisprudence by examining the philosophical foundations of its understanding of rights. Relying on the distinction between utilitarian rights and natural and human rights, the paper discerns in the Court's traditional legalism as well as its more recent jurisprudence of implied rights a consistent commitment to a utilitarian conception of rights. In contrast, the paper argues that the Court's human rights jurisprudence represents a fundamental shift in its view of rights and judicial review, with far-reaching consequences for Australian constitutionalism and liberalism.
Peer Reviewed Yes
Published Yes
Alternative URI http://dx.doi.org/10.1080/10361149651201
Volume 31 2
Page from 225
Page to 242
ISSN 1036-1146
Date Accessioned 1997-01-01
Date Available 2010-07-14T07:45:05Z
Language en_AU
Research Centre Centre for Governance and Public Policy
Subject Dietetics and Nutrigenomics
URI http://hdl.handle.net/10072/32038
Publication Type Article in Scholarly Refereed Journal
Publication Type Code c1

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