The courts

Gelber, Katharine (2012). The courts. In Rodney Smith, Ariadne Vromen and Ian Cook (Ed.), Contemporary politics in Australia: theories, practices and issues (pp. 260-270) Port Melbourne, VIC, Australia: Cambridge University Press.

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Name Description MIMEType Size Downloads
Author Gelber, Katharine
Title of chapter The courts
Title of book Contemporary politics in Australia: theories, practices and issues
Place of Publication Port Melbourne, VIC, Australia
Publisher Cambridge University Press
Publication Year 2012
Sub-type Chapter in textbook
ISBN 9780521137539
Editor Rodney Smith
Ariadne Vromen
Ian Cook
Chapter number 23
Start page 260
End page 270
Total pages 11
Total chapters 32
Collection year 2013
Language eng
Abstract/Summary Australian courts - and the High Court in particular - are another political institution (Chapter 2) that plays an important role in Australian politics. Given the gender and status of judges, the courts often have been sites for the reproduction of social structures that produce social inequality in Australia (see Chapter 4). The fact that judges are neither elected nor answer to an elected body means that the courts play a curious role in any democracy (Chapter 1 ). At the same time, judges often uphold democratic rights, sometimes against elected parliaments that want to restrict them. These apparent paradoxes make the behaviour of judges an appropriate focus of study for behaviouralist political science (Chapter 3). The legal system is also replete with discourses on 'rights' and other terms, which produce and reproduce subject positions that are part of governance in Australia (Chapter 5). Rights discourse is, of course, international, reminding us that the politics of courts is simultaneously domestic and international (see Chapter 6).
Q-Index Code BX
Q-Index Status Confirmed Code
Institutional Status UQ

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Created: Wed, 08 Feb 2012, 10:19:33 EST by Dr Katharine Gelber on behalf of School of Political Science & Internat'l Studies