Judicial decisions and policy
By: BYGRAVE, Louise
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Material type: 
ArticlePublisher: Oxford : Blacwell Publishers Limited, March 1998Australian Journal of Public Administration 57, 1, p. 68-69Abstract: This symposium debates the impact of High Court decisions by questioning whether the High Court has the constitutional and legislative authority (and possibly the moral right) to decide policy issues and determine the rights of citizens. Arguments on the role of the High Court vary from views that the High Court provides a sphere in which political interests may be lobbied to notions that its role is solely to interpret the Australian Constitution. However, what occurs when the political aspirations of government are in conflict with the decisions of the High Court? Should the High Court adapt judicial decisions to changing social views, or consider the implications of their decisions on the executive and legislature? What is the constitutional role of the High Court? These questions are explored in detail in the following articles
This symposium debates the impact of High Court decisions by questioning whether the High Court has the constitutional and legislative authority (and possibly the moral right) to decide policy issues and determine the rights of citizens. Arguments on the role of the High Court vary from views that the High Court provides a sphere in which political interests may be lobbied to notions that its role is solely to interpret the Australian Constitution. However, what occurs when the political aspirations of government are in conflict with the decisions of the High Court? Should the High Court adapt judicial decisions to changing social views, or consider the implications of their decisions on the executive and legislature? What is the constitutional role of the High Court? These questions are explored in detail in the following articles
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