DEBATE: Is The Constitution Alive? Ft Former Justice Michael Kirby

In partnership with Australian Dialogues, join host John Anderson for a compelling constitutional debate filmed at NSW Parliament House. Moderated by Professor Rosalind Dixon, the panel included former Australian High Court Justice Michael Kirby, US Circuit Judge Andrew Oldham, and legal scholar Professor Nicholas Aroney. Together, they tackle one of the most consequential questions in modern jurisprudence: should a constitution be interpreted through the lens of its original public meaning, or as a dynamic, "living" document that evolves with changing times?The panel examines the deep tensions between originalism and living constitutionalism, contrasting the necessity of objective judicial constraint against the realities of governing modern societies. Comparing the Australian and American legal systems, the speakers debate the role of democratic amendments, rights protection, and the decline of public trust in foundational institutions—offering a sharp, nuanced exploration of who ultimately holds the authority to shape the fundamental laws of a free nation.The Hon. Michael Kirby AC CMGThe Hon. Michael Kirby AC CMG served as a Justice of the High Court of Australia from 1996 to 2009, following appointments as President of the New South Wales Court of Appeal and President of the Australian Law Reform Commission. Renowned as one of Australia’s most influential legal thinkers, he has held prominent international roles with the United Nations and the International Commission of Jurists.Judge Andrew OldhamJudge Andrew Oldham serves as a United States Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit, appointed by President Donald Trump in 2018. Prior to his judicial appointment, he served as General Counsel to Texas Governor Greg Abbott, Deputy Solicitor General of Texas, and an attorney-adviser in the U.S. Department of Justice. Judge Oldham is widely regarded as a leading voice in contemporary American jurisprudence and a steadfast advocate for public-meaning originalism and judicial constraint.Professor Nicholas AroneyNicholas Aroney is a Professor of Constitutional Law at the University of Queensland and a leading scholar in constitutional theory, comparative federalism, and legal history. He has held visiting positions at top global institutions, including Oxford, Cambridge, and Paris, and has authored over 100 books, chapters, and journal articles. Professor Rosalind DixonRosalind Dixon is a Professor of Law at UNSW Sydney and Director of the Gilbert + Tobin Centre of Public Law. A former associate to Chief Justice Murray Gleeson and a graduate of Harvard Law School, she is an internationally celebrated expert in comparative constitutional law, constitutional design, and democratic resilience.