The Critical Judgments Project

1. Auflage 2016
ISBN: 978-1-76002-075-0
Verlag: Federation Press

Buch, Englisch, 256 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 328 g

This book introduces students to a number of critical legal perspectives and demonstrates how such perspectives might be used to influence and reimagine existing legal doctrines. It extends the seminal Feminist Judgments Project and adapts it specifically for the purpose of teaching critical legal thinking. Each chapter provides extracts and commentary on the prominent thinkers within the critical discipline before a leading critical scholar rewrites the judgment in the famous 2013 decision of the High Court of Australia, Monis v The Queen, informed and reimagined through this perspective.
The case required the High Court to engage with deep issues about the role of free speech in democracy, the appropriate role of the state in regulating civility of discourse and protecting vulnerable groups, and the ongoing influence of gender and race in approaching these issues. The decision was the first in which the Court split over the relevant issues along gender lines. The saliency of the identity of the judges in the case makes it natural for introducing students to the idea that who judges are, and how they understand notions of constitutional justice, may matter to the resolution of concrete constitutional questions.
The book builds on the seminal work undertaken in the Feminist Judgments Project by pluralising not just the feminist critique, but the wider range of critical perspectives brought to the judicial method. The critical perspectives in this project include feminism and the public–private divide, anti-subordination feminism, critical race theory, queer theory/post-structural feminism, law and literature, political liberalism, intersectional theory, law and economics, restorative justice and deliberative democratic theory.

Autoren/Hrsg.

Dixon, Rosalind

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

CONTENTS1. Critical thinking in constitutional law and Monis v The Queen Gabrielle Appleby and Rosalind Dixon
2. Law and Literature – Analysing style in judgment writing Gabrielle Appleby and Heather Roberts
3. Feminism and the Public-Private Divide Margaret Thornton
4. Anti-subordination Feminism Beth Gaze
5. Queer Theory and Poststructuralist Feminism Anne Macduff and Wayne Morgan
6. Critical race theory and the constitutionality of hate speech regulation Katharine Gelber
7. Intersectional Theory: Where Gender Meets Race, Ethnicity and Violence Megan Davis
8. An international human rights law perspective Andrew Byrnes
9. A Capabilities Approach Rosalind Dixon
10. Political Liberalism Denise Meyerson
11. Deliberative Democracy Peter Burdon and Alexander Reilly
12. A restorative justice approach Melanie Schwartz and Anna Olijnyk
13. Preventive Justice Tamara Tulich
14. Law and Economics Richard Holden
15. Critical Judging Margaret Davies

Über Autor(innen)

Dr Gabrielle Appleby is an Associate Professor at the University of New South Wales. She is the Co-director of The Judiciary Project at the Gilbert + Tobin Centre of Public Law. Gabrielle researches in public and constitutional law, and is particularly interested in the constitutional integrity of the exercise of public power and the regulation of the judicial branch. She has published widely in leading national and international journals. She has published a number of books, including The Tim Carmody Affair: Australia’s Greatest Judicial Crisis (NewSouth Publishing, 2016); The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest (Hart Publishing, 2016), Government Accountability (Cambridge University Press, 2015), Australian Public Law (2nd ed, Oxford University Press, 2014) and Public Sentinels: A Comparative Study of Australian Solicitors-General (Ashgate Publishing, 2014). She is the Chief Investigator on the Australian Research Council Discovery Project, Law, Order and Federalism. Gabrielle has previously worked in the Queensland Crown Law office and the Victorian Government Solicitor’s Office.
Rosalind Dixon is a Professor of Law at the University of New South Wales. She is Director of the Gilbert + Tobin Centre of Public Law Comparative Constitutional Law Project, and Deputy Director of the Herbert Smith Freehills Initiative on Law and Economics. Her work focuses on comparative constitutional law and constitutional design, theories of constitutional dialogue and amendment, socio-economic rights and constitutional law and gender, and has been published in leading journals in the US, Canada, the UK and Australia, including the Cornell Law Review, University of Pennsylvania Journal of Constitutional Law, International Journal of Constitutional Law, American Journal of Comparative Law, Osgoode Hall Law Journal, Oxford Journal of Legal Studies and Sydney Law Review. She is Co-editor, with Tom Ginsburg, of a leading handbook on comparative constitutional law, Comparative Constitutional Law (Edward Elgar, 2011), and a related volume, Comparative Constitutional Law in Asia (Edward Elgar, 2014), Co-editor (with Mark Tushnet and Susan Rose-Ackermann) of the Edward Elgar series on Constitutional and Administrative Law, on the editorial board of the Public Law Review, Journal of Institutional Studies, and Associate Editor of the Constitutions of the World series for Hart publishing. She previously served as an Assistant Professor at the University of Chicago Law School.