Originalism in Australia

Originalism in Australia

  • Jeffrey Goldsworthy

Abstract

Abstract: L’originalismo in Australia – The idea that originalism is a uniquely modern and American approach to constitutional interpretation is false. The traditional approach of common law courts to the interpretation of statutes was originalist, and it has been applied by the High Court of Australia to the interpretation of the Australian Constitution. This article describes that traditional approach and its operation in Australia, its renovation by the High Court in 1988, some complications to which it gives rise, and also explains the High Court’s reluctance to acknowledge that it is, indeed, originalist.


Keywords: Australia, Originalism, Constitutional Interpretation.

Published
Oct 12, 2017
How to Cite
GOLDSWORTHY, Jeffrey. Originalism in Australia. DPCE Online, [S.l.], v. 31, n. 3, oct. 2017. ISSN 2037-6677. Available at: <http://www.dpceonline.it/index.php/dpceonline/article/view/432>. Date accessed: 08 aug. 2022.
Citation Formats
Section
Casi e questioni