Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan

University of Queensland Law Journal, Vol. 27, No. 1, pp. 47-69, 2008

Sydney Law School Research Paper No. 08/100

22 Pages Posted: 11 Sep 2008

See all articles by Anne Twomey

Anne Twomey

The University of Sydney - Faculty of Law

Date Written: September 8, 2008

Abstract

This article considers the relationship between constitutional interpretation and constitutional alteration as manifested by the jurisprudence of Justice Callinan of the High Court of Australia. It discusses the connection between originalism and respect for the role of the people in amending the Constitution. In doing so it considers how the High Court has dealt with the significance of referenda, and in particular failed referenda, when interpreting the Constitution. It also considers how the drawing of implications from the Constitution may be affected by an originalist approach that is tied to the fundamental role of the people in approving constitutional change.

Keywords: constitutional interpretation, originalism, constitutional alteration, High Court, jurisprudence, referendum, constitutional implications, constitutional rigidity, federalism, policy, implied freedom of political communication

JEL Classification: K0, K30

Suggested Citation

Twomey, Anne, Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan (September 8, 2008). University of Queensland Law Journal, Vol. 27, No. 1, pp. 47-69, 2008, Sydney Law School Research Paper No. 08/100, Available at SSRN: https://ssrn.com/abstract=1265345

Anne Twomey (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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