Implication and the Concept of a Constitution
Australian Law Journal, Vol. 69, p. 887, 1995
18 Pages Posted: 22 Feb 2006
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: Suggested Citation