Tag: originalism

The divided decision in Love v Commonwealth – an analysis of Justice Gageler’s and Justice Edelman’s approaches to constitutional interpretation

AUSPUBLAW congratulates Mikaela Smith on winning the 2020 Sir Anthony Mason Constitutional Law prize, and is pleased to publish an edited version of her winning essay.

BY MIKAELA SMITH

Introduction

In the recent case of Love v Commonwealth; Thoms v Read the rest

What is history, again?

BY HELEN IRVING

In his AUSPUBLAW blog post on 6 November 2017 discussing Justice Edelman’s dissent in Graham v Minister for Immigration and Border Protection [2017] HCA 33, Julian R Murphy finds evidence of a particular, conservative commitment on … Read the rest

Justice Edelman’s originalism, or hints of it

BY JULIAN R MURPHY

 

Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … Read the rest

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