Recess Appointments to Article III Courts: The Use of Historical Practice in Constitutional Interpretation

A ‘functional’ approach to constitutional interpretation is well-accepted in many other jurisdictions, including the United States, and offers a promising middle path between the extremes of pure formalism and pragmatism. It is, however, under-developed as an approach to constitutional interpretation, rather than doctrine, in Australia. The article offers an exploration of what it would mean to adopt a more explicitly functionalist approach to the interpretation of the Constitution, drawing on constitutional cases decided by the High Court in 2014.

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Transformation of Historical Practice Over Okinawa’s Battlesites and Bases: From “A Memorial Tours” to “School Trip to Okinawa”

Korean Journal of Urban History ◽

10.22345/kjuh.2020.07.24.123 ◽

2020 ◽

Vol 24 ◽

pp. 123-157

Author(s):

Minhwa Kim

Keyword(s):

Historical Practice

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Ethnographies of the Present

10.1093/oso/9780190886646.003.0009 ◽

2018 ◽

Author(s):

Greg Anderson

Keyword(s):

Quantum Physics ◽

Way Of Life ◽

Ontological Turn ◽

Critical Perspectives ◽

Historical Practice

The book then presents its philosophical case for an ontological turn. It begins by directly questioning the modern philiosophical orthodoxies which sustain conventional historical practice. Enlisting the help of numerous prominent authorities in a wide array of fields, from posthumanist studies to quantum physics, it directly challenges modernity’s dualist metaphysical and ontological certainties from a variety of different critical perspectives. Then drawing together ideas from some of the most influential of these “ethnographers of the present,” it goes on to propose an alternative, non-dualist metaphysics, a “meta-metaphysics” that would authorize us to to take an ontological turn in our practice, whereby we can historicize each past way of life on its own terms, in its own distinct world of experience.

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Performance and Pragmatism in Constitutional Interpretation

Canadian Journal of Law & Jurisprudence ◽

10.1017/s0841820900001065 ◽

1990 ◽

Vol 3 (1) ◽

pp. 91-112

Author(s):

Peter H. Halewood

Keyword(s):

Cultural Practices ◽

Legal Theory ◽

Basic Question ◽

Constitutional Theory ◽

Constitutional Interpretation ◽

Moral Ideals ◽

Interpretive Turn

Is there the possibility of a critical standpoint from which to adjudicate the correctness or validity of constitutional interpretation? This basic question has been given considerable attention in contemporary constitutional theory and has been the focus of the pragmatist law as literature movement born of the interpretive turn in legal theory. At issue is the very purpose of constitutional practice: is it to recover the truth of a set of foundational, moral ideals from the constitution and apply it to a particular factual conflict? Or is it to preserve continuity between the various elements of our cultural practices, to keep the peace?

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