The Australian Constitution and Expressive Reform

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Pubblicato

2026-01-13

DOI:

https://doi.org/10.63277/gsc.v24i.4917

Autori

  • Eric Ghosh University of New England

Parole chiave:

Costituzionalismo, Simbolismo, Revisione costituzionale, Referendum costituzionale, Democrazia deliberative, Riconoscimento degli Indigeni, Identità Nazionale

Abstract

The Australian Constitution is relatively old and this has led to some tension between the values it expresses and contemporary values. The paper refers to some historic landmarks in the life of the Constitution and these form the basis for an exploration of the expressive quality of the Constitution, with particular attention given to expressive reform. This exploration draws more generally on political, legal, philosophical, and sociological literature. It sounds a note of caution in pursuing expressive constitutional reform. On the other hand, it concludes with discussion of how the symbolic charge of the Constitution could be increased. This would be achieved through reform of the constitutional amendment process aimed at furthering popular sovereignty.

Biografia autore

Eric Ghosh, University of New England

Senior Lecturer in Law, School of Law