The Need for Australian Constitutional Theory

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Title The Need for Australian Constitutional Theory
Author Sampford, Charles John
Journal Name Griffith Law Review
Year Published 1995
Place of publication Australia
Publisher Griffith University
Abstract This article was published to help launch the Australian Constitutional Theory project, whose purpose was to examine fundamental aspects of the Australian polity and constitution. The author poses a series of questions for Australian constitutional theory in the 1990s: questions for whom traditional responses are no longer adequate. These include: democracy, rights, federalism, judging, and the rule of law. Whilst advocating the development of an Australian constitutional theory, the author discusses the mistakes theory laden work can fall into, in particular the problem of importing theory. Key distinctions about the Australian context are discussed, especially the primacy of federalism, limited government and the diffusion of power, and the problems and undesirability of searching for an original intent in Australian constitutionalism (which forms a response to Professor Greg Craven).
Peer Reviewed Yes
Published Yes
Publisher URI
Copyright Statement Copyright 1995 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Volume 3
Page from 268
Page to 291
ISSN 1038-3441
Date Accessioned 1996-01-01
Language en_AU
Research Centre Key Centre for Ethics, Law, Justice and Governance
Subject Nutrition and Dietetics
Publication Type Article in Scholarly Refereed Journal
Publication Type Code c1

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