The Constitutional Jurisprudence and Judicial Method of the High Court of Australia-the Dixon, Mason and Gleeson Eras
Dr Rachael Gray
This book reviews the movements that have occurred in the High Court of Australia’s approach to constitutional issues during the eras of Chief Justices Dixon, Mason and Gleeson using the legal theory perspectives of legalism, realism and pragmatism. To date, the relevance of theoretical reasoning to Australian constitutional jurisprudence has received relatively little attention. Analysis of constitutional decisions has tended to focus on outcomes rather than method. Drawing significantly upon recent US writings in relation to legal pragmatism, the book provides a contemporary, comparative and analytical perspective on the manner in which theoretical perspectives can be used to understand and explain the movement of the High Court’s constitutional jurisprudence.