Judicial Federalism: Unity or Diversity?

Abstract

This chapter focuses on Australian judicial federalism in Sir Anthony Mason's work. It first discusses (briefly) the evolution of Australia's legal identity and Mason's role in that evolution, especially his eloquent articulation of a national legal character. The chapter then sets out Mason's considered beliefs on Australian judicial federalism, which tend to uniformity over diversity. Next, the chapter details Mason's rejection of the proposition that there is one common law in Australia and explains that it is in tension with his otherwise centralist impulses. Finally, the chapter tentatively offers some possible consequences were Australia's one common law to be replaced with separate bodies of common law in each State.