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 44
Page 33
... responsibility to find what is the law by any involuntary adoption of the decisions of any other ' , to use the ... responsibilities of such a court , as Dixon J noted in Attorney - General for NSW v Perpetual Trustee Co ( Ltd ) .25 The ...
... responsibility to find what is the law by any involuntary adoption of the decisions of any other ' , to use the ... responsibilities of such a court , as Dixon J noted in Attorney - General for NSW v Perpetual Trustee Co ( Ltd ) .25 The ...
Page 48
... responsibility of the judge is to decide cases objectively in con- formity with the law . Because the call for a more representative judiciary was not related to that paramount responsibility of the judge , it may well have created the ...
... responsibility of the judge is to decide cases objectively in con- formity with the law . Because the call for a more representative judiciary was not related to that paramount responsibility of the judge , it may well have created the ...
Page 53
... responsibility for formulating and refining the principles of judge - made law unless inter- mediate courts of appeal play a greater part in that process . The existence of High Court precedents creates an obstacle , but the obstacle ...
... responsibility for formulating and refining the principles of judge - made law unless inter- mediate courts of appeal play a greater part in that process . The existence of High Court precedents creates an obstacle , but the obstacle ...
Page 56
... responsibility may develop in adaptation to altering social conditions and standards . The criterion of judgment must adjust and adapt itself to the changing circumstances of life . Nor can the courts rely on legislatures to keep the ...
... responsibility may develop in adaptation to altering social conditions and standards . The criterion of judgment must adjust and adapt itself to the changing circumstances of life . Nor can the courts rely on legislatures to keep the ...
Page 58
... responsibility to treat those who resort to the courts , whether they be lawyers , litigants or witnesses , with consideration and , above all , with that respect which the dignity of the individual deserves , unless good reason emerges ...
... responsibility to treat those who resort to the courts , whether they be lawyers , litigants or witnesses , with consideration and , above all , with that respect which the dignity of the individual deserves , unless good reason emerges ...
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