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The High Court, the Constitution and Australian Politics
This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.
Inside the Mason Court Revolution
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 explo...
The Oxford Companion to the High Court of Australia
This reference work is a comprehensive and scholarly publication that examines the High Court of Australia's public work, the Court's role in Australian law, politics and society, and the Court's inner workings.
Law, Women Judges and the Gender Order
This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) que...
Natural Justice and the High Court of Australia
The original thesis of this book is that, in Australia, natural justice has become an aspect of constitutional rather than administrative law. This view of procedural justice is developed in the context of UK and Commonwealth law in a way that brings both historical and doctrinal research to bear on important contemporary issues in judicial review. The author traces the origins and fluctuating development of the idea and practice of natural justice in England and its adaptation to the planned state in Australia. Consideration is given to the impact of the so-called new property and the broadening protection of citizens' rights, the growing significance of the doctrine of legitimate expectations, and the changing role of the notion of ultra vires as a legitimizing basis for judicial review. The book culminates in a critical examination of the idea of common law constitutionalism and the need to develop present-day rationales for the protection of procedural rights.
Judging Democracy
The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.
Parliamentary Zone Review
In 1998 the Commonwealth Government of Australia announced that the National Capital Authority would undertake a strategic review of the Parliamentary Zone and initiate the development of a master plan. In recent years, the public concerns about the Zone have included the lack of people spaces, problems relating to through-traffic and car parking, the physical location of major buildings from each other, the incomplete pedestrian network and the ageing of significant landscape items. The review found a growing interest in the place of indigenous culture in the National Capital as well as a desire for more historical interpretation and commemoration. As well as responding to these and other issues, the review was aimed at refreshing and promulgating the historical vision for tthe Parliamentary Zone that has the Griffin plan at its foundation.
Authority to Decide
Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions.
Australian Public Law
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
