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 88
Page 22
... give legal reasoning a distinctive quality . It is reinforced by the detailed dis- cussion of authorities . So the intelligent layman concludes that an obsessive preoccupation with precedent afflicts the process of legal reasoning . Of ...
... give legal reasoning a distinctive quality . It is reinforced by the detailed dis- cussion of authorities . So the intelligent layman concludes that an obsessive preoccupation with precedent afflicts the process of legal reasoning . Of ...
Page 23
... give effect to the express provisions of the statute : Hocking v Western Australian Bank ( 1909 ) 9 CLR 738 , 746 ; Potter v Minahan ( 1908 ) 7 CLR 277 , 304 ; Bishop v Chung Bros ( 1907 ) 4 CLR 1262 , 1273. But this may put the ...
... give effect to the express provisions of the statute : Hocking v Western Australian Bank ( 1909 ) 9 CLR 738 , 746 ; Potter v Minahan ( 1908 ) 7 CLR 277 , 304 ; Bishop v Chung Bros ( 1907 ) 4 CLR 1262 , 1273. But this may put the ...
Page 24
... give it an operation in factual situations which , according to currently accepted standards of fairness and justice , call for relief . Greater recognition of statutory policy in the construction of statutes would match the emphasis on ...
... give it an operation in factual situations which , according to currently accepted standards of fairness and justice , call for relief . Greater recognition of statutory policy in the construction of statutes would match the emphasis on ...
Page 26
... give solid content to Dicey's notion of the Rule of Law by compelling legislatures to be quite specific if they wish to cut across such rights.87 Our endless quest for that elusive will - o ' - the - wisp , legislative intention , is ...
... give solid content to Dicey's notion of the Rule of Law by compelling legislatures to be quite specific if they wish to cut across such rights.87 Our endless quest for that elusive will - o ' - the - wisp , legislative intention , is ...
Page 27
... gives legal reasoning , that is , common law legal reasoning , its distinctive quality , a quality that differen- tiates legal reasoning from other forms of reasoning . The dependence of legal reasoning on argument by analogy is very ...
... gives legal reasoning , that is , common law legal reasoning , its distinctive quality , a quality that differen- tiates legal reasoning from other forms of reasoning . The dependence of legal reasoning on argument by analogy is very ...
Contents
11 | |
27 | |
46 | |
59 | |
Rights values and legal institutions Reshaping Australian institutions | 80 |
The courts and public opinion | 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