Should the high court consider policy implications in deciding cases?
By: BYERS, Maurice
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ArticlePublisher: Oxford : Blackwell Publishers Limited, March 1998Australian Journal of Public Administration 57, 1, p. 70-72Abstract: If the High Court is to consider policy implications when making judicial decisions, a number of preliminary matters require examination. First, what parliaments, executive governments and other instrumentalities will be affected? Next, may the High Court validly exercise this function? And last, is it likely to do so?Abstract: I shall discuss these preliminary matters in the order stated and thereafter express my view on the question raised by the editors for discussion. In the course of discussion, I shall mention some incidental matters related to the High Court and its functions
If the High Court is to consider policy implications when making judicial decisions, a number of preliminary matters require examination. First, what parliaments, executive governments and other instrumentalities will be affected? Next, may the High Court validly exercise this function? And last, is it likely to do so?
I shall discuss these preliminary matters in the order stated and thereafter express my view on the question raised by the editors for discussion. In the course of discussion, I shall mention some incidental matters related to the High Court and its functions
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