Treachery or Heroism? The Judgment of Justices Deane and Toohey in Leeth v Commonwealth (1992)

Abstract

The dissenting reasons of Deane and Toohey JJ in Leeth v Commonwealth (‘Leeth’)Footnote1 won little praise in the months and years following the decision. Rather, many critics – including leading figures within the constitutional law academy – reacted with disbelief and contempt to both the methodology that Deane and Toohey JJ adopted and their apparent vision of a more potent kind of judicial review. Show more