POLS1101 Lecture Notes - Lecture 4: Judicial Activism, Originalism
Lecture 4 Notes
Phases of the High Court:
• Oigialis Util 9: The itetios of the ostitutios authos
• Legalism (Until late 1980): Looking at the plain meaning of the words
rather than what the authors intended. Is about the literal meanings of
the words and not looking for implied meanings. Claims to be politically
neutral but is generally conservative
• Judicial Activism (Until mid-s: Takes a oade look at the
constitution. Considers a range of things such as social standards,
international agreements, other countries similar cases, policy
implications and implied meaning. It is more of a progressive outlook but
is criticized for being vague and allowing political views to impinge
• Currently: moving away from judicial activism after the long reign of the
Howard government
Across both periods the High Court has:
• Seemingly altered the federal/state bargain
• Rejected specific policies
• Asserted rights for citizens
• Made decisions in the absence of government action
• Voided election outcomes
The Separation of Powers
• Legislature: Makes the law – e.g. parliament, congress
• Executive: Implement the laws – e.g. Prime Minister, President, cabinet
• Judiciary: Interprets the laws – e.g. The High Court, The supreme court
Two Main Types of Democracy
• Presidential: Executive and legislature are completely separate – e.g. The
United States, Indonesia, most of South America, much of Africa
• Parliamentary: Eeutie ad legislatue ae fused ie itetied –
e.g. many British Commonwealth countries, much of continental Europe
Terminological Distinctions
• Parliament vs government
• Politician vs public servant
• Government vs the state
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Document Summary
Phases of the high court: o(cid:396)igi(cid:374)alis(cid:373) (cid:894)u(cid:374)til (cid:1005)9(cid:1006)(cid:1004)(cid:895): the i(cid:374)te(cid:374)tio(cid:374)s of the (cid:272)o(cid:374)stitutio(cid:374)(cid:859)s autho(cid:396)s, legalism (until late 1980): looking at the plain meaning of the words rather than what the authors intended. Is about the literal meanings of the words and not looking for implied meanings. Claims to be politically neutral but is generally conservative: judicial activism (until mid-(cid:1006)(cid:1004)(cid:1004)(cid:1004)(cid:859)s(cid:895): takes a (cid:271)(cid:396)oade(cid:396) look at the constitution. Considers a range of things such as social standards, international agreements, other countries similar cases, policy implications and implied meaning. It is more of a progressive outlook but is criticized for being vague and allowing political views to impinge: currently: moving away from judicial activism after the long reign of the. Across both periods the high court has: seemingly altered the federal/state bargain, rejected specific policies, asserted rights for citizens, made decisions in the absence of government action, voided election outcomes.
