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Justice Gaudron and Constitutional Rights

Public Law Review, Vol. 15, Issue 1, 2004

7 Pages Posted: 19 Aug 2010  

Adrienne Stone

Melbourne Law School

Date Written: August 17, 2010


Justice Gaudron’s elevation to the bench occurred just before the High Court began its reinvigoration of some of the express constitutional rights, its development of the freedom of political communication (which, despite some skittishness about the term, can accurately be described as a constitutional right), and its exploration of the power of Ch III of the Constitution to protect rights.1 So, any commentary on Justice Gaudron’s judicial career cannot overlook her contribution to the development of constitutional rights. As I will show, moreover, it is a field in which she has been an important and at times distinctive voice. Given the length of her Honour’s career, I will not attempt a full survey of Justice Gaudron’s judgments on these matters. Instead, I will reflect on a few key judgments principally those concerning rights implied from representative and responsible government. Many of my comments will draw on Justice Gaudron’s judgment in Kruger v Commonwealth (1997) 190 CLR 1, which contains a particularly full and interesting statement of her views.

Keywords: constitutional law, constitutional rights, constitutional interpretation, Justice Gaudron

JEL Classification: K00, K19, K39

Suggested Citation

Stone, Adrienne, Justice Gaudron and Constitutional Rights (August 17, 2010). Public Law Review, Vol. 15, Issue 1, 2004. Available at SSRN:

Adrienne Stone (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

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