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Does the High Court disagree more often in constitutional cases?

Publisher
Courts Constitutional law Australia
Description

Andrew Lynch tests the assumption that constitutional cases generally produce a heightened level of disagreement among members of the High Court. He finds that although the court decides a higher percentage of constitutional cases over dissenting opinions than it does overall, there is not enough evidence to confirm that the Justices simply disagree per se – both explicitly and through the delivery of separate concurrences – more often in that specific legal context.

Publication Details
Access Rights Type:
open