Download This PaperA Public Conversation on Constitutionalism and the Judiciary between Professor James Allan and The Hon. Michael Kirby AC CMG
Melbourne Univeristy Law Review, Vol 33, 2009
University of Queensland TC Beirne School of Law Research Paper No. 10-33
27 Pages Posted: 1 Sep 2010 Last revised: 19 Jun 2015
Date Written: August 30, 2010
Abstract
The law professor and judge discuss the legitimacy of law-making in judicial reasoning, what external restraints are on judges, originalism, living constitution approaches, the role of international and transnational law in interpreting, cherrypicking overseas precedents, ideal judicial characteristics and more.
Keywords: originalism, living constitutionalism, judicial activism, Australian perspectives on the US, restraints on the judiciary
Suggested Citation: Suggested Citation
Allan, James and Kirby, Michael D., A Public Conversation on Constitutionalism and the Judiciary between Professor James Allan and The Hon. Michael Kirby AC CMG (August 30, 2010). Melbourne Univeristy Law Review, Vol 33, 2009, University of Queensland TC Beirne School of Law Research Paper No. 10-33, Available at SSRN: https://ssrn.com/abstract=1669020 or http://dx.doi.org/10.2139/ssrn.1669020
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