Book Chapter

Judicial Reasoning

A Stone

The Oxford Handbook of The Australian Constitution | Oxford University Press | Published : 2018


Constitutional reasoning refers to the explanation of, and justification given for, the application of constitutional principles to specific circumstances. In common law systems, constitutional reasoning is most commonly understood as judicial reasoning and in Australia its focus is usually the Constitution of the Commonwealth (the text enacted by the Parliament at Westminster as section 9 of the Commonwealth of Australia Constitution Act 1900 (UK) and adopted by the people of the Australian colonies voting at referendum). However, not all constitutional reasoning takes this form.

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