The Library
Competition law, adjudication and the High Court
Tools
McMahon, Kathryn E. (2006) Competition law, adjudication and the High Court. Melbourne University Law Review, 30 (3). pp. 782-836. ISSN 0025-8938.
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: http://www.law.unimelb.edu.au/mulr
Abstract
This article explores the statutory interpretative practices and debates in recent competition law cases considered by the High Court. While these debates appear to centre on 'textual/literal' versus 'contextual/purposive' interpretative practices, further examination reveals that these theoretical differences do not adequately predict outcomes. Instead, these practices often mask undisclosed policy decisions that give preference to particular economic and political outcomes concerning the role of the state and the market over other desirable goals. This raises important practical and jurisprudential issues concerning legislative supremacy and judicial accountability, which have significance that extends beyond competition law adjudication.
Item Type: | Journal Article | ||||
---|---|---|---|---|---|
Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Melbourne University Law Review | ||||
Publisher: | Melbourne University Law Review Association Inc. | ||||
ISSN: | 0025-8938 | ||||
Official Date: | 2006 | ||||
Dates: |
|
||||
Volume: | 30 | ||||
Number: | 3 | ||||
Page Range: | pp. 782-836 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |