Open Constitutional Courts
By: Patrick Keyzer
About This Book
Sometimes a group is rich enough and philanthropic enough to fund a constitutional challenge to a piece of legislation. GetUp's victory in the High Court of Australia in August 2010 is an example - and as a result nearly 60,000 Australians were enfranchised to vote in the general election later that month.Often, however, a challenger doesn't have a wealthy backer and takes a huge risk in mounting the action. Would the Commonwealth cede standing? Would it waive its costs if the challenger lost?Patrick Keyzer's book is a powerful argument the constitututional justice requires the removal of this political, lottery element from a legitimate constitutional challenge. The private law paradigm of litigation, he says, is inappropriate in constitutional cases.Keyzer argues that an application for the judicial review of legislative action should be characterised as an exercise of political free speech, and that the rules governing standing and costs are incompatible with that freedom and should be abolished in constitutional cases.He demonstrates that the constitutional guarantee of judicial review gives rise to a right to know whether a law is constitutionally valid, providing a further rationale for open access. Such open access would supply our constitutional courts with a wider normative horizon, and lend legitimacy to judicial review and its outcomes.
AI Overview
"Open Constitutional Courts" by Patrick Keyzer is a legal treatise that explores the concept and functioning of constitutional courts, particularly in the context of Australia. Here is a comprehensive overview of the book:
Key Themes
- Constitutional Justice: The book delves into the mechanisms and principles that govern constitutional courts, focusing on how these institutions ensure justice and uphold the constitution.
- Access to Justice: Keyzer examines the challenges faced by individuals in mounting constitutional challenges, especially those without financial resources or standing to sue.
- Amici Curiae: The author discusses the role of amici curiae (friends of the court) in improving access to constitutional justice. This includes theoretical perspectives on how amici curiae can influence court decisions.
- Procedures in Constitutional Courts: The book provides an in-depth analysis of the procedures followed in open constitutional courts, highlighting their importance in ensuring fairness and transparency.
Plot Summary
The book does not have a traditional narrative plot but rather a structured analysis of the themes mentioned above. It is divided into sections that discuss various aspects of open constitutional courts, including their role, challenges, and potential improvements. Keyzer uses a scholarly approach to explain complex legal concepts, making it accessible to both legal professionals and students.
Critical Reception
While there is no extensive critical reception available in the sources provided, the book's focus on practical and theoretical aspects of constitutional courts suggests it would be well-received by legal scholars and practitioners. The book's publication by Federation Press, a reputable academic publisher, also indicates a level of credibility and academic rigor.
Additional Information
- Publication Details: The book was first published in 2010 by Federation Press in Sydney, Australia .
- Author's Background: Patrick Keyzer is a prolific author with 22 books on Goodreads, indicating his expertise in legal problem-solving and constitutional law .
- Availability: The book is available for purchase from various online bookstores, including Booktopia, and can be accessed through academic libraries like Bond University Library .
In summary, "Open Constitutional Courts" by Patrick Keyzer offers a comprehensive and detailed exploration of the principles, procedures, and challenges associated with constitutional courts in Australia. The book is a valuable resource for legal scholars, practitioners, and students interested in constitutional law and justice.