Portia, Bassanio or Dick the Butcher? Constraining Judges in the Twenty-First Century

The University of Queensland TC Beirne School of Law Research Paper No. 07-22

King's College Law Journal, Vol. 17, pp. 1-26, 2006

28 Pages Posted: 4 Oct 2007

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Abstract

In this article the author looks at the position of judges around the common law democratic world and considers the extent to which the sort of bill of rights in play, and the approach to interpreting it that has been adopted, affects their underlying power and position. He maps the various alternatives on offer from least constraining to most constraining.

Keywords: bills of rights, originalism, parliamentary sovereignty, reading down provisions, Merchant of Venice

Suggested Citation

Allan, James, Portia, Bassanio or Dick the Butcher? Constraining Judges in the Twenty-First Century. The University of Queensland TC Beirne School of Law Research Paper No. 07-22; King's College Law Journal, Vol. 17, pp. 1-26, 2006. Available at SSRN: https://ssrn.com/abstract=1019180

James Allan (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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