Giving Chapter III Back its Constitutional Mojo? Lessons from State Courts and Beyond

(2014) 40(1) Monash University Law Review 198

UWA Faculty of Law Research Paper

30 Pages Posted: 17 Nov 2015

See all articles by Sarah Murray

Sarah Murray

The University of Western Australia Law School

Date Written: 2014

Abstract

The High Court’s approach to Chapter III of the Commonwealth Constitution has, since the case of Boilermakers’, frequently been the subject of criticism. This paper explores whether there might be scope to revisit this ‘over-constitutionalised’ approach using some recent decisions, including TCL Air Conditioner (Zhongshan) Co Ltd v. The Judges of the Federal Court of Australia, as an exemplar for the analysis.

Suggested Citation

Murray, Sarah, Giving Chapter III Back its Constitutional Mojo? Lessons from State Courts and Beyond (2014). (2014) 40(1) Monash University Law Review 198, UWA Faculty of Law Research Paper, Available at SSRN: https://ssrn.com/abstract=2691156

Sarah Murray (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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