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Abstract

An advisory opinion jurisdiction for the High Court of Australia has since the drafting of the Constitution in the 1890s been a recurring, though intermittent, suggestion. Notwithstanding the High Court’s decision in 1921 that effectively ended the jurisdiction the prospect of its revival has remained a perennial reform option. This article traces the history of the attempts to implement this measure. It will focus upon the arguments that have been advanced for its initial establishment and reintroduction into the constitutional landscape after 1921. It argues that the reasons for the inclusion today are as relevant as they were when they were first consideration in the 1890s.

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