Attorneys-General, Solicitors-General and ‘the public interest’ in Australian constitutional cases : A case for citizen input into the development of constitutional policy

Book chapter

Keyzer, Patrick Denis. (2016). Attorneys-General, Solicitors-General and ‘the public interest’ in Australian constitutional cases : A case for citizen input into the development of constitutional policy. In Public Sentinels: A Comparative Study of Australian Solicitors-General pp. 105-116 Taylor and Francis. https://doi.org/10.4324/9781315603001-6
AuthorsKeyzer, Patrick Denis
Abstract

This chapter explores the power enjoyed by Attorneys-General and their Solicitors-General to intervene in Australian constitutional cases. It enhances an argument that the public should have the opportunity to provide input into the development of constitutional policy that informs interventions. The chapter outlines the historical development of interventions in constitutional cases. The emergence of a High Court practice of granting leave to Attorneys-General to intervene to protect the public interest in constitutional cases mirrored the federal preoccupations of the early court. The early constitutional jurisprudence of the Australian High Court was largely concerned with the division of power between the Commonwealth national government and the States. The potential for the Attorneys-General and their Solicitors-General to influence the High Court in constitutional cases was expanded considerably in 1976, when the Commonwealth amended the Judiciary Act to accord the Commonwealth and the States a statutory right of intervention in constitutional cases.

Keywords Attorney general; Australia
Page range105-116
Year01 Jan 2016
Book titlePublic Sentinels: A Comparative Study of Australian Solicitors-General
PublisherTaylor and Francis
Place of publicationUnited States
ISBN9781409454250
Digital Object Identifier (DOI)https://doi.org/10.4324/9781315603001-6
Open accessPublished as non-open access
Research or scholarlyResearch
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online13 Apr 2016
Publication process dates
Deposited02 Feb 2024
Additional information

© Gabrielle Appleby, Patrick Keyzer and John M. Williams 2014.

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