The French court

Gauja, Anika and Gelber, Katharine (2015). The French court. In Rosalind Dixon and George Williams (Ed.), The High Court, the Constitution and Australian Politics (pp. 311-326) Port Melbourne, VIC, Australia: Cambridge University Press. doi:10.1017/CBO9781107445253.016

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Author Gauja, Anika
Gelber, Katharine
Title of chapter The French court
Title of book The High Court, the Constitution and Australian Politics
Place of Publication Port Melbourne, VIC, Australia
Publisher Cambridge University Press
Publication Year 2015
Sub-type Research book chapter (original research)
DOI 10.1017/CBO9781107445253.016
ISBN 9781107043664
Editor Rosalind Dixon
George Williams
Chapter number 16
Start page 311
End page 326
Total pages 16
Total chapters 16
Collection year 2016
Language eng
Formatted Abstract/Summary
It is a precarious task to periodise a Court that is still writing its own history. This chapter recognises the difficulties inherent in this task, but attempts cautiously to undertake it. It analyses the High Court between the appointment of Robert French as Chief Justice by the Rudd Labor Government in September 2008 and the re-appointment of Kevin Rudd as Prime Minister in June 2013. This was a period of significant instability in the federal government, including the replacement of Rudd by Julia Gillard as Prime Minister due to a change of leadership in the Australian Labor Party (ALP) on 24 June 2010, followed by a period of minority government for Gillard after the federal election on 21 August 2010, and then Gillard’s deposition as ALP leader and Prime Minister by Kevin Rudd on 26 June 2013.

This chapter addresses the relationship between the High Court and mainstream political opinion in three sections. The first section focusses on the innovative decision-making of the Court and the relative paucity of concomitant critique of its decision-making within the media and public discourse. The second part focusses on the ways in which cases decided by the French Court highlight its shifting role as a majoritarian and countermajoritarian institution. We analyse the prevalence and impact of various understandings of majoritarianism – public opinion, elite opinion, partisanship, and legislative majorities – in the context of cases concerning public health and immigration selected for their political saliency in relation to government policy.
Keyword High Court of Australia
Q-Index Code B1
Q-Index Status Confirmed Code
Institutional Status UQ

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Created: Mon, 01 Dec 2014, 10:28:56 EST by Dr Katharine Gelber on behalf of School of Political Science & Internat'l Studies