The High Court and Australian Federalism

Date

2005

Authors

Williams, John
Selway, Bradley

Journal Title

Journal ISSN

Volume Title

Publisher

Oxford University Press

Abstract

This article analyzes the constitutional role of the High Court of Australia during its first hundred years and the effect of that role on the Australian federation. The High Court has accepted as axiomatic that part of its function is the judicial review of legislation of both the federal and state legislatures. Its approach is relatively modest and "textualist." That approach has been affected by historical changes, including Australia's independence from Great Britain. The decisions of the High Court have provided a framework for the development of the Australian federation over the last century in increasing the relative importance of the federal government at the cost of the state governments. However, those decisions are probably best viewed as reflecting, rather than creating, the changes and developments in the federation.

Description

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Citation

Source

Publius: The Journal of Federalism

Type

Journal article

Book Title

Entity type

Access Statement

License Rights

DOI

10.1093/publius/pji018

Restricted until

2037-12-31