Title

Judicial decision making in the high court in original jurisdiction: The ebb and flow of legal reasoning in Australian perspective

Date of this Version

1-1-2009

Document Type

Journal Article

Publication Details

Interim status: Citation only.

Hunter, Tina (2009). Judicial decision making in the high court in original jurisdiction: The ebb and flow of legal reasoning in Australian perspective. Journal of the Indian law institute, 51(1), 32-56.

Access the Journal's website.

2009 HERDC submission. FoR code: 1801

© Copyright The Indian Law Institute

Abstract

The doctrines of the rule of law and the separation of powers are the cornerstone of the Australian Constitution, establishing the federalist system in Australia. The Australian constitutional system is very much a hybrid system, incorporating many of the nuances of the British colonial system, as brought to the Australian shores upon colonization. It also embraces features of the American constitutional system, primarily due to the existence of numerous states at the time of federation, analogous to the system of United States of America.

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This document has been peer reviewed.