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The Kable Principle in the Draft Federal Constitution

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Pilgrim Hall, 12 Flinders St, Adelaide

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Professor Greg Taylor, Adelaide Law School The University of Adelaide

speaking on

The Kable Principle in the Draft Federal Constitution

Chair: Prof Wilfrid Prest

The Commonwealth Constitution almost contained a ‘judicial incompatibility clause’ akin to the Kable principle. This seminar outlines the history of this clause, including the personal feud that led to it, and asks: what motivated the proponents and defenders of this clause? How did its opponents, colonial legislatures and the public at large view this proposal? Why was it finally deleted? And what, if anything, does this episode say about the legitimacy of today’s doctrines protecting judicial power?

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Pilgrim Hall, 12 Flinders St, Adelaide

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