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The Australian National University

The Functional Constitution: Re-Reading the 2014 High Court Constitutional Term

Rosalind Dixon (2015) 43 (3)

A ‘functional’ approach to constitutional interpretation is well-accepted in many other jurisdictions, including the United States, and offers a promising middle path between the extremes of pure formalism and pragmatism. It is, however, under-developed as an approach to constitutional interpretation, rather than doctrine, in Australia. The article offers an exploration of what it would mean to adopt a more explicitly functionalist approach to the interpretation of the Constitution, drawing on constitutional cases decided by the High Court in 2014.

Vol 43, Issue 3, 2015

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