Review of High Court Constitutional Cases 2007

Abstract

This paper reviews the constitutional cases handed down by the High Court of Australia in 2007. It analyses these cases in the context of different approaches taken by the judges to constitutional interpretation. In particular it: contrasts the reliance on precendent against the return to first principles; analyses the use of original intent, history and textualism in constitutional interpretation; considers the use of foreign sources and international law by the High Court; discusses the High Court's current approach to federalism issues; and comments upon the range of the High Court's current interpretative approaches from strict legalism to dynamic constitutional interpretation.

Keywords: High Court jurisprudence, constitutional law, judicial power, defence power, nationhood power, right to vote, precedent, original intent, judicial use of history, federalism, constitutional implications, constitutional interpretation, use of foreign sources by courts

JEL Classification: K10, K30