Constitutional Reasoning in the High Court of Australia

Andras Jakab, Arthur Dyevre and Giulio Itzcovich (eds), Comparative Constitutional Reasoning, Cambridge University Press, Forthcoming

U of Melbourne Legal Studies Research Paper No. 701

29 Pages Posted: 17 Jan 2015 Last revised: 20 Jun 2019

See all articles by Cheryl Saunders

Cheryl Saunders

University of Melbourne - Law School

Adrienne Stone

University of Melbourne - Law School

Date Written: January 15, 2015

Abstract

This chapter deals with the methods of constitutional reasoning by the High Court of Australia in 40 “leading cases, identified by the study. It analyses types of arguments and key concepts that characterise the High Court's method in constitutional cases. and discusses the conclusions from a comparative perspective.

Note: This chapter was developed for the CONREASON Project, hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg (Germany) and by the Institute for Legal Studies of the Centre for Social Sciences at the Hungarian Academy of Sciences in Budapest (Hungary), coordinated by András Jakab, Arthur Dyevre and Giulio Itzcovich.

Keywords: constitutional reasoning, constitutional law, High Court of Australia

JEL Classification: K00, K39

Suggested Citation

Saunders, Cheryl Anne and Stone, Adrienne, Constitutional Reasoning in the High Court of Australia (January 15, 2015). Andras Jakab, Arthur Dyevre and Giulio Itzcovich (eds), Comparative Constitutional Reasoning, Cambridge University Press, Forthcoming; U of Melbourne Legal Studies Research Paper No. 701. Available at SSRN: https://ssrn.com/abstract=2550506

Cheryl Anne Saunders

University of Melbourne - Law School ( email )

Centre for Comparative Constitutional Studies 723 Swanston Street (2nd Floor)
Parkville, Victoria 3010
Australia
61 3 8344 0753 (Phone)
61 3 8344 9374 (Fax)

Adrienne Stone (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

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