A Public Conversation on Constitutionalism and the Judiciary between Professor James Allan and The Hon. Michael Kirby AC CMG
27 Pages Posted: 1 Sep 2010 Last revised: 19 Jun 2015
Date Written: August 30, 2010
The law professor and judge discuss the legitimacy of law-making in judicial reasoning, what external restraints are on judges, originalism, living constitution approaches, the role of international and transnational law in interpreting, cherrypicking overseas precedents, ideal judicial characteristics and more.
Keywords: originalism, living constitutionalism, judicial activism, Australian perspectives on the US, restraints on the judiciary
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