Judicial Review in the Australian Federal System: Its Origin and Function

Abstract

Dr Galligan examines the origin of judicial review under the Australian Constitution through an catalysis of the Conventions and Conferences preceding its drafting. A political scientist, he disputes the claim that there is no basis for judicial review in the Australian federal system and argues that the intention of the founders, influenced by Inglis Clark, was to create a powerful American-style court primarily to interpret the Constitution in the resolution of federal disputes. As a case study of the founders' intentions he considers the debates and “solution” of the question of control of Australia's inland river system.