Abstract
[Extract]
What are constitutional values and where do they come from? One plausible answer is that constitutional values reflect the functions or purposes of the Australian Constitution and its provisions. Representative government, it might be said, is a constitutional value because sections 7 and 24 of the Constitution (among other provisions) have the function or purpose of creating a federal Commonwealth. This functional explanation of constitutional values strikes me as broadly correct. However, it is susceptible to at least two competing interpretations.
What are constitutional values and where do they come from? One plausible answer is that constitutional values reflect the functions or purposes of the Australian Constitution and its provisions. Representative government, it might be said, is a constitutional value because sections 7 and 24 of the Constitution (among other provisions) have the function or purpose of creating a federal Commonwealth. This functional explanation of constitutional values strikes me as broadly correct. However, it is susceptible to at least two competing interpretations.
| Original language | English |
|---|---|
| Title of host publication | Australian Constitutional Values |
| Editors | Rosalind Dixon |
| Place of Publication | Oxford |
| Publisher | Hart Publishing |
| Pages | 61-76 |
| Number of pages | 16 |
| ISBN (Electronic) | 9781509918423 |
| ISBN (Print) | 978-1-50991-840-9 |
| Publication status | Published - 1 Jan 2018 |