from Part V - Inside the Australian State
Published online by Cambridge University Press: 05 June 2012
Australian courts – and the High Court in particular – are another political institution (Chapter 2) that plays an important role in Australian politics. Given the gender and status of judges, the courts often have been sites for the reproduction of social structures that produce social inequality in Australia (see Chapter 4). The fact that judges are neither elected nor answer to an elected body means that the courts play a curious role in any democracy (Chapter 1). At the same time, judges often uphold democratic rights, sometimes against elected parliaments that want to restrict them. These apparent paradoxes make the behaviour of judges an appropriate focus of study for behaviouralist political science (Chapter 3). The legal system is also replete with discourses on ‘rights’ and other terms, which produce and reproduce subject positions that are part of governance in Australia (Chapter 5). Rights discourse is, of course, international, reminding us that the politics of courts is simultaneously domestic and international (see Chapter 6).
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