Scott Stephenson

The Challenge for Courts in a Moderately Rigid Constitution

Scott Stephenson

Journal article  |  2021  |  Melbourne University Law Review

Against Interpretation as an Alternative to Invalidation

Scott Stephenson

Journal article  |  2020  |  Federal Law Review

© The Author(s) 2019. This article evaluates the rise of interpretation as an alternative means of judicially enforcing legislativ..

Rejoinder to Raban

Scott Stephenson

Journal article  |  2020  |  Federal Law Review

In his reply to my article, Professor Ofer Raban provides a number of insightful and important points of disagreement with my argu..

Dignity and the Australian Constitution

Scott Stephenson

Journal article  |  2020  |  The Sydney Law Review

Today dignity is one of the most significant constitutional principles across the world given that it underpins and informs the in..

Is the Commonwealth's approach to rights constitutionalism exportable?

Scott Stephenson

Journal article  |  2019  |  ICON-INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW

Abstract This article considers whether the Commonwealth’s approach to rights constitutionalism, associated with th..

Designing an Australian Bill of Rights: The Normative Trade-offs

Scott Stephenson

Book Chapter  |  2019

If Australia were to introduce a bill of rights at the federal level, it is likely that the design and drafting process would devo..

The Rise and Recognition of Constitutional Statutes

S Stephenson

Book Chapter  |  2019

The common law world of constitutionalism is often divided and analysed according to the presence or absence of a ‘capital-C const..

Rights Protection in Australia

Scott Stephenson

Book Chapter  |  2018

Following their spread across the world in the second half of the twentieth century, is has become exceedingly rare for a country ..

Deliberation as a Constitutional Value

Scott Stephenson

Book Chapter  |  2018

This chapter takes the Constitution presupposes a deliberative form of government and contemplating several ways in which the High..

Reforming Constitutional Reform

S Stephenson

Book Chapter  |  2017

Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulat..