(Download) "Reasonable Disagreement, Democracy and the Judicial Safeguards of Federalism (Australia)" by University of Queensland Law Journal ~ Book PDF Kindle ePub Free
eBook details
- Title: Reasonable Disagreement, Democracy and the Judicial Safeguards of Federalism (Australia)
- Author : University of Queensland Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 285 KB
Description
I Justice Ian Callinan's judgments in federalism and free speech cases present an apparent paradox. In federalism cases, his Honour has been ready to affirm the existence of constitutional implications protecting the states (here following previous decisions) (1) and has been willing to read the literal words of the Constitution conferring legislative powers on the Commonwealth in a relatively narrow way with a view to preserving the powers of the states (in this respect dissenting from majority opinion). (2) In rights cases, however, he has expressed extreme doubt about the legitimacy of the implied freedom of political communication and has applied it reluctantly and with reservation. (3) Thus, in one set of cases his Honour appears to have been willing to go beyond the literal text of the Constitution and to affirm constitutional implications; in the other he has resisted it. What considerations could possibly justify this apparent contradiction?