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Selected Papers of Dyson Heydon
This insightful, rewarding and highly readable volume is a generous selection of the best of Dyson Heydon's speeches and papers. Most have a legal theme, although the book is of broader interest. As the Hon Ian Callinan observes in his foreword, in these papers the author "combines the arts of the essayist, historian, orator, obituarist, reviewer, critic, teacher and advocate".The Honourable J D Heydon AC QC was a Rhodes Scholar for New South Wales, elected Dean of the University of Sydney Law School (aged 34), practised as a barrister (including as Queen's Counsel after practising as a junior for a mere 8 years), before being appointed a Judge of Appeal and Justice of the High Court. He was...
Modern Challenges to the Rule of Law
The essays in this collection consider challenges to the maintenance of the rule of law in mature, modern legal systems. Leading judges and scholars from Australia, New Zealand and the United Kingdom - including the Hon Justice Dyson Heydon and Professor John Finnis - reflect on the nature of the rule of law and the form of order that it prescribes. The essays consider the distinction between formal and substantive conceptions of the rule of law; the relationship between rights, democracy and the rule of law; and the ideal's implications for legal change in general and the difference between legislating and case law development in particular. Some contributors address the way in which judicial action may challenge the rule of law. Others explore the ideal's implications in particular contexts. The collection's editor, Dr Richard Ekins, is a Senior Lecturer in Law at the University of Auckland.
TODAY'S TYRANTS
"Even those who are not members of religious institutions and have no particular sympathy for them ought to fear the current war on religious faith" - Dyson Heydon In this volume, eleven essayists including Paul Kelly, Anne Henderson and Frank Brennan respond to Dyson Heydon's inaugural PM Glynn Lecture on Religion, Law and Public Life, Religious 'toleration' in modern Australia: the tyranny of relativism. The collection offers a number of perspectives on Heydon's central claim that contemporary calls for 'tolerance' - particularly those directed at Christianity - are often in reality demands for 'unconditional surrender'. Contributors include: J. D. Heydon Frank Brennan Anne Henderson Paul Kelly M. A. Casey Peter Kurti M. J. Crennan Hayden Ramsay Shireen Morris Michael Ondaatje Sandra Lynch Catherine Renshaw -- Dyson Heydon is a Queen's Counsel and a former Justice of the High Court of Australia. -- Damien Freeman is a fellow of the PM Glynn Institute and the editor of the Kapunda Press.
Rediscovering Rhetoric
Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art. In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric. Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric. Part 1 - Law and Language in...
Legislated Rights
Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.
Judicial Independence in Australia
Judicial independence is a fundamental aspect of law and governance in Australia, commanding near universal endorsement. Despite its vital importance, the independence of the Australian judiciary is threatened on a variety of fronts. This volume brings together some of Australia's leading constitutional scholars to discuss judicial independence and its contemporary challenges, including challenges posed by politics, judicial selection, extra-judicial activities, social media and the war on terror. Contributions include theoretical, empirical and comparative perspectives. The book includes an initial essay by former Chief Justice of the High Court of Australia, Sir Anthony Mason AC KBE CBE QC. The volume provides a valuable guide to future directions in law and governance, with an eye to strengthening judicial independence in Australia.
The Restraint of Trade Doctrine
First published in 1971, this second edition of a text for practitioners, teachers and students has been revised and updated. Deals with statutory modifications to the remedy of severance in NSW and New Zealand and also with a number of significant decisions in the High Court of Australia, the House of Lords, the Privy Council , the New Zealand Court of Appeal and the Supreme Court of Canada. Includes a table of cases, a table of statutes and an index.
Equity and Law
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
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.
