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Citing Outside The Law Reports: Citations Of Secondary Authorities On The Australian State Supreme Courts Over The Twentieth Century, Russell Smyth
Citing Outside The Law Reports: Citations Of Secondary Authorities On The Australian State Supreme Courts Over The Twentieth Century, Russell Smyth
Russell Smyth
The purpose of this study is to examine trends in citations of secondary authorities in the six Australian State Supreme Courts based on decisions reported in the official state reports at decade intervals between 1905 and 2005. The main conclusions from the study are that citations of secondary authorities have increased over time; the State Supreme Courts cite fewer secondary authorities than the High Court; most citations of secondary authorities are to legal sources; and of the legal secondary authorities cited, the State Supreme Courts cites far fewer journal articles than legal texts. The study considers the implications of these …