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 1-5 of 81
Page 12
... ground that it unduly fetters a judge's capacity to update the law , stare decisis promotes consistency , coherence and predictability . Without these qualities the law would cease to command public confidence . Fortunately , stare ...
... ground that it unduly fetters a judge's capacity to update the law , stare decisis promotes consistency , coherence and predictability . Without these qualities the law would cease to command public confidence . Fortunately , stare ...
Page 13
... grounds for conflicting views . The initiative shown by the High Court in Commissioner for Railways ( NSW ) v Cardy in devising a general duty of care towards the plaintiff who was a trespasser was snuffed out by the Privy Council in ...
... grounds for conflicting views . The initiative shown by the High Court in Commissioner for Railways ( NSW ) v Cardy in devising a general duty of care towards the plaintiff who was a trespasser was snuffed out by the Privy Council in ...
Page 14
... mosaic ' ( 1987 ) 103 Law Quarterly Review 66 . Salemi v Mackellar ( No 2 ) ( 1977 ) 137 CLR 396 ; R v Mackellar ; Ex parte Ratu ( 1977 ) 137 CLR 461 . ground by requiring an Executive Council to accord natural justice27 14 THE MASON ...
... mosaic ' ( 1987 ) 103 Law Quarterly Review 66 . Salemi v Mackellar ( No 2 ) ( 1977 ) 137 CLR 396 ; R v Mackellar ; Ex parte Ratu ( 1977 ) 137 CLR 461 . ground by requiring an Executive Council to accord natural justice27 14 THE MASON ...
Page 15
... ground that the pur- chaser had failed to complete , time being of the essence.32 These initiatives have no parallel in recent decisions of the House of Lords . Indeed , National Westminster Bank plc v Morgan33 and Scandinavian Trading ...
... ground that the pur- chaser had failed to complete , time being of the essence.32 These initiatives have no parallel in recent decisions of the House of Lords . Indeed , National Westminster Bank plc v Morgan33 and Scandinavian Trading ...
Page 19
... ground that the law is a self - contained discipline and partly on the ground that exposure to politics and policy would subject the law to controversy . Legal formalism in practice Many past judgments of the High Court were classic ...
... ground that the law is a self - contained discipline and partly on the ground that exposure to politics and policy would subject the law to controversy . Legal formalism in practice Many past judgments of the High Court were classic ...
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