Judicial Review and Politics in Australia

In a recent issue of this Review John P. Roche developed an explanation of the motivation behind the exercise of self-restraint by the United States judiciary. He related the scope available for the exercise of judicial power to the working of the American party system, i.e., to the extent to which the Court found itself faced by “cohesive majorities.” Almost in passing he drew a comparison between the British and the American position. “No cohesive majority, such as normally exists in Britain,” he said, “would permit a politically irresponsible judiciary to usurp decision-making functions, but, for complex social and institutional reasons, there are few issues in the United States on which cohesive majorities exist.” The purpose of this essay is to test that thesis, and the concept of cohesive majorities, in the setting of Australian politics and judicial review.