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

See all articles by Julian R. Murphy

Julian R. Murphy

University of Melbourne, School of Law

Date Written: November 6, 2017

Abstract

The purpose of this post is to parse his Honour’s recent dissent in Graham v Minister for Immigration and Border Protection [2017] 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

Suggested Citation

Murphy, Julian, Justice Edelman's Originalism, or Hints of It (November 6, 2017). Murphy, Julian R. ‘Justice Edelman’s Originalism, or hints of it.’ AUSPUBLAW (6 November 2017) , Available at SSRN: https://ssrn.com/abstract=3142382

Julian Murphy (Contact Author)

University of Melbourne, School of Law ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

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