Why the common law should be only indirectly affected by constitutional guarantees: a comment on Stone
Date
2002
Authors
Taylor, Greg D.
Editors
Advisors
Journal Title
Journal ISSN
Volume Title
Type:
Journal article
Citation
Melbourne University Law Review, 2002; 26(3):623-645
Statement of Responsibility
Greg Taylor
Conference Name
Abstract
Recenty, Dr Adrienne Stone has advocated the adoption of the American 'state action' doctrine in Australia (with some minor amendments) as the correct view of the interaction of the Constitution and the common law. This response to Dr Stone argues that doing so would be a mistake, as the 'state action' doctrine is both theoretically flawed and not in accordance with other basic assumptions of Australian constitutional law. Accordingly, it produces odd results. The conception of the relationship between the Constitution and the common law expounded by the High Court in Lange is also explained and defended from claims of inconsistency.
School/Discipline
Law School
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Copyright (c) 2002 Melbourne University Law Review Association, Inc.