The Judgments Of Justice Lionel Murphy
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| Author | : Lionel Murphy |
| Publisher | : |
| Total Pages | : 364 |
| Release | : 1986 |
| Genre | : Law |
| ISBN | : |
Member of High Court Bench; includes references to Aboriginal voting rights; protection of Aboriginal sites in Franklin Dam Case; authors statements from cases - Onus v Alcoa of Australia Ltd, Portland; Neal v Queen, Yarrabah, Koowarta v BjelkePeterson, and Racial Discrimination Act 1975, Archer River; Queen v Toohey (Kenbi, Cox Peninsula); Coe v Commonwealth; Veen v Queen.
| Author | : Michael Coper |
| Publisher | : Federation Press |
| Total Pages | : 318 |
| Release | : 1997 |
| Genre | : Biography & Autobiography |
| ISBN | : 9781862872622 |
This book is a collection of scholarly papers and commentaries which range over Justice Murphy's forays into the Constitution, his approach to the common law, and his concept of and attitude to judicial method. In dealing with their chosen topics the authors and commentators present some fascinating perspectives on Lionel Murphy's degree of influence in the decade after his death.
| Author | : S. Walmsley |
| Publisher | : |
| Total Pages | : |
| Release | : 2016-12-02 |
| Genre | : |
| ISBN | : 9780409345414 |
October 2016 marks thirty years since the death of former High Court Justice Lionel Murphy, a controversial legal and political figure who despite his many achievements is perhaps best known for being charged with attempting to pervert the course of justice.The book takes an in-depth look at the unique story of how Murphy, a High Court judge at that time, was charged with serious criminal offences, found guilty of one and subsequently sentenced to imprisonment. The book examines the first trial in depth, turning then to the appeal and second trial, at which Murphy was acquitted. Facing a further inquiry, Murphy was diagnosed with a terminal illness, but controversially returned to sit as a judge, delivering his last judgments just an hour before he died.Follow the fascinating story of how it came about that one of Australia's most senior judges was once accused of putting his freedom, and the reputation of the High Court, in jeopardy to help a friend. Features· Discussion of conduct of trials, including some legal and practical aspects of advocacy and evidence· A fascinating look into one story of Australia's political and legal history Related TitlesField, Crimes That Shaped the Law, 2015Howard, R v Milat: A Case Study in Cross-Examination, 2014
| Author | : Jenny Hocking |
| Publisher | : Cambridge University Press |
| Total Pages | : 424 |
| Release | : 2000-08-30 |
| Genre | : Biography & Autobiography |
| ISBN | : 9780521794855 |
Now available in paperback, this new version includes an epilogue by the author.
| Author | : Brendan Lim |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2017-04-06 |
| Genre | : Law |
| ISBN | : 1108132693 |
Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.
| Author | : Rosalind Dixon |
| Publisher | : Cambridge University Press |
| Total Pages | : 369 |
| Release | : 2015-02-26 |
| Genre | : Law |
| ISBN | : 1316276783 |
The High Court, the Constitution and Australian Politics is an in-depth exploration of the relationship between decisions of the High Court and broader political currents in Australia. It begins with an investigation of the patterns and effects of constitutional invalidation and dissent on the High Court over time, and their correlation with political trends and attitudes. It also examines the role of constitutional amendment in expressing popular constitutional understandings in the Australian system. Subsequent chapters focus on the eras marked by the tenure of the Court's 12 Chief Justices, examining Court's decisions in the context of the prevailing political conditions and understandings of each. Together, the chapters canvass a rich variety of accounts of the relationship between constitutional law and politics in Australia, and of how this relationship is affected by factors such as the process of appointment for High Court judges and the Court's explicit willingness to consider political and community values.
| Author | : |
| Publisher | : |
| Total Pages | : 584 |
| Release | : 1997 |
| Genre | : Electronic journals |
| ISBN | : |
| Author | : András Jakab |
| Publisher | : Cambridge University Press |
| Total Pages | : 867 |
| Release | : 2017-04-27 |
| Genre | : Law |
| ISBN | : 1108138616 |
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
| Author | : Bruce Kercher |
| Publisher | : Routledge |
| Total Pages | : 229 |
| Release | : 2020-07-23 |
| Genre | : Law |
| ISBN | : 100024847X |
'This is a provocative re-examination of our legal history appearing at a time when Australians are reconsidering both their past and their future.' - The Hon. Justice Michael Kirby AC CMG, President of the New South Wales Court of Appeal The imperial view of Australian law was that it was a weak derivative of English law. In An Unruly Child, Bruce Kercher rewrites history. He reveals that since 1788 there has been a contest between the received legal wisdom of Mother England and her sometimes unruly offspring. The resulting law often suited local interests, but was not always more just. Kercher also shows that law has played a major role in Australian social history. From the convict settlements and the Eureka stockade in the early years to the Harvester Judgement, the White Australia Policy and most recently the Mabo case, central themes of Australian history have been framed by the legal system. An Unruly Child is a groundbreaking work which will influence our understanding of Australia's history and its legal system.
| Author | : Helen Irving |
| Publisher | : Cambridge University Press |
| Total Pages | : 276 |
| Release | : 1999-06-13 |
| Genre | : History |
| ISBN | : 9780521668972 |
This imaginative and resonant 1997 book looks at the constitution as a cultural artefact. It attempts to understand the period during which it emerged, culminating in Federation in 1901. Irving looks beyond the well-known events, places and figures to locate federation and the constitution in the context of broader social, political and cultural changes. She argues that Australians displayed an ability to reconcile the demands of pragmatism with the urge of romanticism. Despite its paradoxical construction, there is something uniquely Australian about the constitution, and it marked a utopian moment as the old century gave way to the new. Irving analyses the background and outcomes of the Constitutional Convention and considers its significance for Australia's possible future as a republic.
