Path dependency, the High Court, and the Constitution
Article
Patrick, Jeremy. 2020. "Path dependency, the High Court, and the Constitution." Journal of Judicial Administration. 30 (2), pp. 51-63.
| Article Title | Path dependency, the High Court, and the Constitution |
|---|---|
| ERA Journal ID | 35442 |
| Article Category | Article |
| Authors | |
| Author | Patrick, Jeremy |
| Journal Title | Journal of Judicial Administration |
| Journal Citation | 30 (2), pp. 51-63 |
| Number of Pages | 13 |
| Year | 2020 |
| Place of Publication | Sydney, Australia |
| ISSN | 1036-7918 |
| Abstract | Path dependence is a concept that originally arose in the field of economics before gaining currency with political scientists and historians. The essence of path dependency is that temporality matters: once a decision is made, it often becomes 'locked-in' and persists despite the existence of more efficient or otherwise better alternatives that could become apparent later. The tentative hypothesis advanced here is that the concept of path dependency is useful for understanding why some doctrines of Australian constitutional law have changed dramatically since first developed while others remain largely the same. An example of one arguably path-dependent line of doctrine and one arguably non-path-dependent line of doctrine are discussed and analysed to demonstrate the possibilities and limitations of the theory. |
| Keywords | path dependency, high court, australian constitution, grants, protectionism |
| ANZSRC Field of Research 2020 | 480702. Constitutional law |
| Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
| Byline Affiliations | School of Law and Justice |
| Institution of Origin | University of Southern Queensland |
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https://research.usq.edu.au/item/q6086/path-dependency-the-high-court-and-the-constitution
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