Judicialization of Politics: The Interplay of Institutional Structure, Legal Doctrine, and Politics on the High Court of Australia

Document Type

Monograph

Publication Date

10-12-2012

Publisher

Carolina Academic Press

First page number:

1

Last page number:

216

Abstract

This book examines the judicialization of politics in the High Court of Australia. The authors argue it is the interplay of institutional structures, a growing concern for individual rights, and the willingness of the justices to engage in purposive policymaking that lead the court to engage in judicial politics. The High Court of Australia underwent a significant structural change in its jurisdiction at about the same time that it was also experiencing a shift away from strict legalism. Segments of the Australian population began to lose faith in the ability of Parliament to right societal wrongs and protect the rights of individuals. The result was a period of time in which the decision-making of the High Court was under scrutiny because the Court seemed to be engaging in policymaking. The findings suggest that justices can be constrained by institutional structures and the acceptance of restrictive legal doctrines. Changes in those conditions are necessary for judicialization of politics to occur in a court.

Keywords

Australia; Australia. High Court; Constitutional courts; Policy sciences; Politics; Practical

Disciplines

Australian Studies | Courts | Law | Political Science | Public Affairs, Public Policy and Public Administration

Language

English

Rights

IN COPYRIGHT. For more information about this rights statement, please visit http://rightsstatements.org/vocab/InC/1.0/


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