The Mason Papers

1. Auflage 2007
ISBN: 978-1-86287-652-1
Verlag: Federation Press

Buch, Englisch, 448 Seiten, Gewicht: 884 g

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.

Autoren/Hrsg.

Kbe, Sir Anthony Mason AC

Lindell, Geoffrey

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Contents 1 Introduction by Geoffrey Lindell 2 Future Directions in Australian Law 3 The Use and Abuse of Precedent 4 The Role of the Judge at the Turn of the Century 5 Legislative and Judicial Law-Making: Can We Locate an Identifiable Boundary? 6 Rights, Values and Legal Institutions: Reshaping Australian Institutions 7 The Courts and Public Opinion 8 The Role of a Constitutional Court in a Federation: A Comparison of the Australian and the United States Experience 9 The Australian Constitution in Retrospect and Prospect 10 The Convention Model for the Republic 11 Administrative Law Reform: The Vision and the Reality 12 The Analytical Foundations, Scope and Comparative Analysis of the Judicial Review of Administrative Action 13 A Bill of Rights for Australia 14 Courts, Constitutions and Fundamental Rights 15 Deakin's Vision, Australia's Progress 16 Democracy and the Law 17 The Influence of International and Transnational Law on Australian Municipal Law 18 Decline of Sovereignty: Problems for Democratic Government 19 Themes and Tensions Underlying the Law of Contract 20 The Place of Equity and Equitable Remedies in the Contemporary Common Law World 21 Legal Research: Its Function and its Importance 22 Judicial Independence and the Separation of Powers - Some Problems Old and New 23 Sir Anthony's Toast to the Contributors of the Oxford Companion to the High Court 24 The State of the Australian Judicature 25 The Role of Counsel and Appellate Advocacy 26 Swearing in as Justice of the High Court, 8 August 1972 27 Swearing in as Chief Justice of High Court, 6 February 1987 28 Chief Justice Comments on Fundamental Issues Facing the Judiciary 29 Biographical Details for Sir Anthony Mason AC, KBE