Inside The Mason Court Revolution
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Inside The Mason Court Revolution
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Author : Jason Louis Pierce
language : en
Publisher:
Release Date : 2006
Inside The Mason Court Revolution written by Jason Louis Pierce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This book examines the Australian High Court's enormously controversial and politically explosive transformation during the 1990s. Led by Chief Justice Anthony Mason, the Court embarked on a concerted effort to recast its role within Australia's legal and political systems. The Court moved to the storm center of Australian politics as it became a catalyst for reforms that appeared unobtainable through parliamentary means, including rights for Australia's indigenous population and free speech protections. Securing unprecedented access to Australia's High Court and senior appellate judges, Pierce describes how the transformation unfolded, identifies the conditions that encouraged it, and explores how the Mason Court reforms have attenuated in recent years in the face of a hostile conservative government and in the absence of formal support structures, such as a bill of rights. The book situates the High Court's transformation in the wider context of similar changes that occurred in other common law judicial systems during recent decades, including the United States, Great Britain, and Canada. "Inside the Mason Court Revolution is the 'go to' book for a solid, accessible analysis of recent jurisprudential changes on Australia's High Court, an informative explanation of why these changes occurred, and thoughtful commentary on how permanent they may be." -- Law & Politics Book Review "Pierce intelligently analyses the reasons for the Court's activism during this period, such as the passage of the Australia Act 1986 and Australia's growing legal independence, the introduction of compulsory retirement for High Court judges, and the requirement for leave to appeal in virtually all cases. This excellent work cogently analyses the criticisms made of the Court during this period that it was too 'activist' and political' for an unelected body." -- Law Institute Journal "The book is based on more than eighty in-depth interviews with the senior judiciary in Australia in the late 1990s... Pierce quotes at length from the interviews, and it is extremely valuable to hear these judges in their own words... the quotes are enormous fun, and can be very thought provoking." -- Oxford University Commonwealth Law Journal "Herein lies the book's great importance, Pierce so convincingly argues--utilising the remarks of the very echelon of the Australian profession as support--that how courts function is dependent upon a complex interplay of legal, individual, institutional and political variables that neither camp--lawyer or political scientist--can remain happily in their comfort zone." -- Federal Law Review "Against what sorts of political standards do we assess claims of the use and abuse of judicial powers? The relevance of Pierce's fascinating book is that it provides a fresh answer to this quite fundamental question... Pierce deserves many non-Australian readers." -- The American Review of Politics "Pierce has thoroughly researched his subject and, for that reason, this book is a worthwhile addition to any library." -- Precedent Magazine "[T]he judicial comments recorded in this book are in many cases both thoughtful and thought-provoking. They provide great insight into the judicial role and method from those who practise it. Both the divergences and similarities in views are instructive and this material could well prove useful for future studies on the judiciary." -- Melbourne University Law Review
Australia S Constitution After Whitlam
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Author : Brendan Lim
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-06
Australia S Constitution After Whitlam written by Brendan Lim and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.
After The Judicial Revolution
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Author : Rebecca D. Gill
language : en
Publisher: Routledge
Release Date : 2017-01-28
After The Judicial Revolution written by Rebecca D. Gill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-28 with categories.
Over the last thirty years, supreme courts across the common law world have been undergoing revolutionary changes in their roles and responsibilities and a concomitant global expansion of judicial power and politicization of courts. While much has been written about the events leading up to these, this book fills a gap in the literature by exploring the aftermath of such revolutionary change. The focus of the work is the judicial revolution that came to Australiaâe(tm)s High Court in the late 1980s and 1990s under the leadership of Chief Justice Anthony Mason and the post-revolution retrenchment that occurred during the chief justiceship of Murray Gleeson. Many expected Chief Justice Gleesonâe(tm)s appointment to the High Court would mark a turning point away from the highly politicized, deeply controversial 'activist' jurisprudence of the Mason Court with a minimalist jurisprudence that was more grounded in black letter law, and more deferential to parliament and the executive. The authors use the regime politics model to allow analysis of how a court of final appeal tends to operate within the broader political system, including how it exercises judicial power and what happens when its decisions and methods run counter or challenge the governing coalition. It also enables assessment of where and how changes occur in substantive law, workload, and interactions with other branches. Ultimately, the book affirms the claims of regime politics scholarship that courts cannot stray for long from the dominant political regimeâe(tm)s values and commitments, lest the regime invoke its tools to bring compliance.
The Judge The Judiciary And The Court
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Author : Gabrielle Appleby
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
The Judge The Judiciary And The Court written by Gabrielle Appleby and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
The Politico Legal Dynamics Of Judicial Review
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Author : Theunis Roux
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-06
The Politico Legal Dynamics Of Judicial Review written by Theunis Roux and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-06 with Law categories.
Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.
High Courts In Global Perspective
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Author : Nuno Garoupa
language : en
Publisher: University of Virginia Press
Release Date : 2021-08-27
High Courts In Global Perspective written by Nuno Garoupa and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-27 with Political Science categories.
High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy
The Role Of The Solicitor General
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Author : Gabrielle Appleby
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-06-16
The Role Of The Solicitor General written by Gabrielle Appleby and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with Law categories.
Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
The High Court The Constitution And Australian Politics
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Author : Rosalind Dixon
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-16
The High Court The Constitution And Australian Politics written by Rosalind Dixon and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-16 with Law categories.
This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.
Human Rights And Judicial Review In Australia And Canada
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Author : Janina Boughey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-06-15
Human Rights And Judicial Review In Australia And Canada written by Janina Boughey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.
It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Australian Business Law 2012
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Author : Paul Latimer
language : en
Publisher: CCH Australia Limited
Release Date : 2012
Australian Business Law 2012 written by Paul Latimer and has been published by CCH Australia Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.