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Towering Judges
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
The Mason Papers
" There have been times when Australian court judgments have held enormous weight in courts throughout the world, certainly throughout the Commonwealth. Owen Dixon's High Court in the 1950s and Anthony Mason's High Court in the 1980s are examples. If there were an Olympic record for teams of judges - and why not since they have Olympic medals for tae kwon do and beach volleyball - the Mason court would have won gold year after year. The quality of its jurisprudence was the best in the world" - Geoffrey Robertson QC, Sydney Morning Herald, 30th August 2007.This book comprises a selection of articles and speeches by Sir Anthony Mason written and delivered when he was a Justice and later Chief ...
Blackshield and Williams Australian Constitutional Law and Theory
This is the new and seventh edition of this acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court.The book has been fully revised and updated for major High Court and overseas decisions, including Re Canavan, Brown v Tasmania, McCloy v New South Wales, Murphy v Electoral Commissioner, the Brexit Case and Plaintiff M68/2015 v Minister for Immigration.Always 'much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. The reviewer for the Law Institute Journal said of the sixth edition that this book ...
Realising Democracy
This book examines the law of elections in Australia. It explores Australia's rich history of electoral law innovation as well as exciting contemporary challenges such as electronic voting and party regulation. Topics covered also include the centenary of the first uniform federal franchise, the Gore v Bush 2000 US presidential election, and the role of scrutineers in the electoral process. The volume draws together as contributors a range of insiders and other Australian and international commentators with long experience in electoral administration and electoral law. Authors include leading lawyers, political scientists, historians and electoral administrators.
Australian Constitutional Law and Theory
The fourth edition of this work has involved a thorough rewrite. Each chapter has been looked at again from beginning to end, with fresh choices in some cases made for extracts to bring the book up to date for new materials and scholarship and some material rewritten to provide clearer explanation. While all chapters contain changes, some have involved a more fundamental rewrite. The Supplement below, details changes from the 3rd edition to the 4th edition. For example, the chapters on the executive as well as characterisation and the trade and commerce power have been rewritten to provide a more straightforward structure and to provide greater clarity and contemporary relevance. Other chang...
The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
Law, Interpretation and Reality
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and id...
The Cambridge Companion to Natural Law Jurisprudence
This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
The Politico-Legal Dynamics of Judicial Review
Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.
Militant Democracy
The term ‘militant democracy’ was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors. This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examini...
