Legal Coherence and Judicial Activism in Australia

Abstract

The principle of legal coherence and the role of judicial activism are active but controversial topics in in Australian common law. Usually, the application of the principle of legal coherence lead to a different award compared to judicial activism. Both of them have contradiction and restrict mutually, which have their own implications but safeguard the judicial system to develop cautiously. So I would like to discuss the benefits and limitations of application of legal coherence and judicial activism by examples of HCA cases.