Courts of final jurisdiction : the Mason Court in Australia
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書誌事項
Courts of final jurisdiction : the Mason Court in Australia
Federation Press, 1996
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注記
"The essays in this volume originally were delivered to a conference "The Mason Court and Beyond" held in Melbourne from 8-10 September 1995" -- P. v
Includes index
内容説明・目次
内容説明
The Mason Court ushered in a new age of Australian jurisprudence. Adopting a more explicit style of judicial reasoning, it drew its precedents from a wider range of jurisdictions and presided over new directions in Australian law in areas ranging from contract to constitutional and equity to native title. Why did this happen and where will it lead? Why are courts overseas feeling similar pressures and how are they reacting? The papers in this book, conceived as a tribute to Sir Anthony Mason, debate the role of courts of final jurisdiction and of their chief justices at the end of the 20th century.
目次
Prologue The Mason Court in Context Cheryl Saunders The Chief Justice and the High Court A Tribute to Sir Anthony Mason Sir Gerard Brennan The Court, the Parliament and the Executive Michael Lavarch The Role of the Chief Justice: A View from the Bar David Jackson The Role of the Chief Justice: A Media View Jack Waterford Citizenship Keith Mason Procedural Fairness RA Finkelstein Fair Dealing and Good Faith Ian Renard Implications of Judicial Law-Making John Doyle Influences on Judicial Law-Making LJ Priestley Interlude Vote of Thanks Sir Maurice Byers A Reply Sir Anthony Mason The Global Context Fairness and the Common Law: Using Equity to Achieve Justice Beverley McLachlin The Dream of an International Common Law Lord Cooke of Thorndon The Common Law as Constitution: Fundamental Rights and First Principles TRS Allan Constitutional Court of South Africa Ismail Mahomed The European Union and English Law Lord Slynn of Hadley The Impact of International Law in the Legal Order of the Netherlands: The Role of the Judiciary Fried Van Hoof Treaties and the Internationalisation of Australian Law Kristen Walker The Impact of Internationalisation on Australian Law: A Commentary Gareth Evans The Constitutional Court in United Germany: New Areas of Conflict and New Perspectives Jurgen Kuhling Issues and Challenges Facing the Supreme Court of Papua New Guinea Sir Arnold Amet Epilogue Looking to the Future Sir Gerard Brennan Table of Cases/ Table of Statutes/ Index
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