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Vol 21 No 10 Oct/Nov 2016

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The Mason Papers: Selected Articles and Speeches by Sir Anthony Mason

Edited by: Geoffrey Lindell

ISBN13: 9781862876521
Published: September 2007
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £48.99



Despatched in 11 to 13 days.

" 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.

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