Justice Edelman's Originalism, or Hints of It
Murphy, Julian R. ‘Justice Edelman’s Originalism, or hints of it.’ AUSPUBLAW (6 November 2017)
20 Pages Posted: 13 Sep 2018 Last revised: 6 Apr 2020
Date Written: November 6, 2017
The purpose of this post is to parse his Honour’s recent dissent in Graham v Minister for Immigration and Border Protection  HCA 33 for clues as to his interpretative approach to the Constitution. I pay particular attention to his Honour’s use of history and the weight he gives to the constitutional text’s original public meaning. In this respect I am taking my lead from Jill Lepore, the Harvard historian, who asserts that a judge’s use of history and their attitude to original public meaning are the most important aspects of their judicial philosophy.
Keywords: constitutional interpretation, statutory interpretation, originalism, original public meaning, purposivism, changing social attitudes
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