Book Chapter

Political Equality as a Constitutional Principle: Cautionary Lessons from McCloy v New South Wales

J Tham

Australian Constitutional Values | Hart Publishing | Published : 2018

Abstract

This chapter begins with a brief summary of the judgments in McCloy with a focus on how the judges characterised political equality as a constitutional principle . This is followed by a three-part analysis examining the question of the meaning(s) of this principle; the question of its legitimacy in terms of this principle being ade-quately supported by the text and structure of the Constitution; and its effectiveness in advancing the broader project of political equality.

University of Melbourne Researchers