Chief Justice Dixon on Judicial Integrity: Lessons for Judges when Interpreting Constitutions
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Date
2024-05-01
Authors
Thompson, Keith
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
"In this Article, I suggest that Chief Justice Dixon considered that judicial virtue did not allow any judge to follow his own lights when precedent, established custom, or constitutional convention dictated a contrary result. In later Parts of the Article, I relate Chief Justice Dixon’s famous 1952 statement about “strict and complete legalism” to both judicial integrity and freedom of religion at common law. I suggest that Chief Justice Dixon’s primary concern when he became Chief Justice was not to talk about judicial method but rather to signal judicial virtue to all Australian judges, present and future. Not only does Chief Justice Dixon provide lessons for Australian judges but for judges everywhere grappling with these issues, including those in the United States."
Description
32 pages
Keywords
Constitutional law, United States, Australia, Chief Justice Owen Dixon, Judicial integrity
Citation
25 Or. Rev. Int'l L. 115