The Mason Papers: Selected Articles and SpeechesFederation Press, 2007 - 442 pages " 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 Justice of the High Court of Australia and after his retirement from that Court in 1995. It demonstrates his long standing interest in the judicial process and his desire to communicate to the legal world and the public a more enlightened understanding of the proper scope of judicial law-making and the responsibility of judges for adapting the law to the changing conditions in society. It also displays his acknowledged mastery of public and private law and his belief in the growing significance of international and comparative law in the development of Australian law. The book contains some important speeches and articles on constitutional and administrative law, international law, human rights, equity and contract, the High Court, judicial administration, advocacy, a significant media interview, a State of the Judicature report delivered as the Chief Justice of Australia and his swearing in speeches when appointed as a Justice and later Chief Justice of the High Court. Some of the selected speeches display Sir Anthony's characteristic wit. The book deals with highly topical subjects such as whether Australia should adopt a bill of rights, the health of Australia's democratic institutions, the establishment of an Australian republic, globalization and the decline of parliamentary and national sovereignty. The articles and speeches were chosen and edited by Professor Geoffrey Lindell in consultation with Sir Anthony. |
From inside the book
Results 6-10 of 57
Page 37
... applying to its particular facts , proved or assumed to be proved , since the judgment is not designed to be an exposition of the whole law but rather to govern the particular facts of the case . Lord Halsbury's statement has not ...
... applying to its particular facts , proved or assumed to be proved , since the judgment is not designed to be an exposition of the whole law but rather to govern the particular facts of the case . Lord Halsbury's statement has not ...
Page 51
... applying the law to the facts as found applies with special force to the trial judge . However , sometimes a trial judge has to decide what is the applicable principle of law , to formulate a new rule or to modify an existing rule . Or ...
... applying the law to the facts as found applies with special force to the trial judge . However , sometimes a trial judge has to decide what is the applicable principle of law , to formulate a new rule or to modify an existing rule . Or ...
Page 61
... applied , it involved no concession that the new decision changed the law . Sir Owen Dixon's concept of legalism and judicial method Associated with the declaratory theory of law were legalism and the judicial method which has been ...
... applied , it involved no concession that the new decision changed the law . Sir Owen Dixon's concept of legalism and judicial method Associated with the declaratory theory of law were legalism and the judicial method which has been ...
Page 62
... applied may be for some people satisfying as an abstract theory . But it is simply not true in fact . It overlooks the creative element in the work of the courts . It would mean , for example , that the principle of Donoghue v Stevenson ...
... applied may be for some people satisfying as an abstract theory . But it is simply not true in fact . It overlooks the creative element in the work of the courts . It would mean , for example , that the principle of Donoghue v Stevenson ...
Page 69
... applying the privilege against self - incrimination to corporations were essentially pragmatic and should not be acted upon . As the case for change was based on pragmatism , they considered that it was a matter for the legislature ...
... applying the privilege against self - incrimination to corporations were essentially pragmatic and should not be acted upon . As the case for change was based on pragmatism , they considered that it was a matter for the legislature ...
Contents
11 | |
27 | |
46 | |
59 | |
80 | |
94 | |
The role of a constitutional court in a federation A comparison of the Australian and the United States experience | 110 |
The Australian Constitution in retrospect and prospect | 144 |
Decline of sovereignty Problems for democratic government | 276 |
Themes and tensions underlying the law of contract | 296 |
The place of equity and equitable remedies in the contemporary common law world | 309 |
Judicial independence and the separation of powers some problems old and new | 331 |
Legal research Its function and its importance | 345 |
Sir Anthonys toast to the contributors of the Oxford Companion to the High Court | 361 |
The state of the Australian judicature | 364 |
The role of counsel and appellate advocacy | 376 |
The Convention model for the republic | 163 |
Administrative law reform The vision and the reality | 167 |
The analytical foundations scope and comparative analysis of the judicial review of administrative action | 180 |
A Bill of Rights for Australia | 207 |
Courts Constitutions and fundamental rights | 219 |
Deakins vision Australias progress | 236 |
Democracy and the law | 249 |
The influence of international and transnational law on Australian municipal law | 256 |
Swearing in as Justice of the High Court 8 August 1972 | 392 |
Swearing in as Chief Justice of the High Court 6 February 1987 | 395 |
Chief Justice comments on fundamental issues facing the judiciary | 398 |
Biographical Details of the Honourable Sir Anthony Mason AC KBE | 414 |
Table of Cases | 416 |
Table of Statutes | 426 |
Index | 429 |
Common terms and phrases
accepted according administrative adopted appeal applied approach argument Australian authority Bill of Rights Commission common law Commonwealth concept concern consideration considered Constitution continue contract Convention Council criticism decided decision decision-making discussion doctrine duty economic effect equitable established example exercise existence expectation expressed fact federal freedom function fundamental give given ground High Court House human rights important individual interests interpretation involve issues judges judgment judicial judicial review judiciary jurisdiction Justice lawyers leave legislative limited Lord majority matter means opinion Parliament particular party person political practice precedent present principle problem protection Pty Ltd question reasons recent reference regard relation relevant require respect responsibility result role rule Sir Anthony South standards statute statutory Supreme Court trade tribunal United United Kingdom University unjust enrichment values