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Publius: The Journal of Federalism 2005 35(3):467-488; doi:10.1093/publius/pji018
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© The Author 2005. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oupjournals.org.

The High Court and Australian Federalism

Bradley Selway and John M. Williams
Federal Court of Australia
The Australian National University

This article analyzes the constitutional role of the High Court of Australia during its first hundred years and the effect of that role on the Australian federation. The High Court has accepted as axiomatic that part of its function is the judicial review of legislation of both the federal and state legislatures. Its approach is relatively modest and "textualist." That approach has been affected by historical changes, including Australia's independence from Great Britain. The decisions of the High Court have provided a framework for the development of the Australian federation over the last century in increasing the relative importance of the federal government at the cost of the state governments. However, those decisions are probably best viewed as reflecting, rather than creating, the changes and developments in the federation.


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