Download this Paper Open PDF in Browser

Implication and the Concept of a Constitution

Australian Law Journal, Vol. 69, p. 887, 1995

18 Pages Posted: 22 Feb 2006  

Laurence Claus

University of San Diego School of Law

Abstract

Recent decisions of the High Court of Australia have highlighted a distinction between two conceptions of written constitutions that may be applied by judicial interpreters. One treats constitutional text as defining governmental powers and limitations thereon, whilst the other, more controversially, treats the text as merely illustrating broader, unwritten principles that ultimately set the scope of governmental powers. This article analyses the distinction and traces the history of the "illustrative" conception as applied in Australian and United States constitutional adjudication.

Keywords: Constitutional interpretation, federalism, individual rights, due process of law, comparative constitutional law

Suggested Citation

Claus, Laurence, Implication and the Concept of a Constitution. Australian Law Journal, Vol. 69, p. 887, 1995. Available at SSRN: https://ssrn.com/abstract=882892

Laurence Claus (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-5933 (Phone)
619-260-4180 (Fax)

Paper statistics

Downloads
306
Rank
81,801
Abstract Views
1,931