The common law and the Constitution as protectors of rights in Australia
Article
Article Title | The common law and the Constitution as protectors of rights in Australia |
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ERA Journal ID | 33206 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Common Law World Review |
Journal Citation | 39 (2), pp. 119-156 |
Number of Pages | 38 |
Year | 2010 |
Place of Publication | Isle of Man |
ISSN | 1473-7795 |
1740-5556 | |
Abstract | This paper considers the extent to which the common law or the Constitution restrict the ability of government to pass laws infringing upon the rights of citizens. It explores the historical basis for such jurisdiction and dicta supporting such a view. Such an approach draws support from notions of the sovereignty of the people and social contract theory, and a re-interpretation of Diceyan Parliamentary supremacy. It considers arguments that such an approach is anti-democratic or that it confers 'too much' power on judges. |
Keywords | common law constitutionalism; Diceyan theory; parliamentary supremacy; social contract |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
489999. Other law and legal studies not elsewhere classified | |
440811. Political theory and political philosophy | |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/9zx98/the-common-law-and-the-constitution-as-protectors-of-rights-in-australia
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