Constitutional Alteration and the High Court: The Jurisprudence of Justice Callinan
University of Queensland Law Journal, Vol. 27, No. 1, pp. 47-69, 2008
22 Pages Posted: 11 Sep 2008
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: Suggested Citation