Download or read book Historical Foundations of Australian Law Set written by Justin Gleeson and published by . This book was released on 2013-07-03 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice McHugh once said that a lack of understanding of legal history was a misfortune, not a privilege. That was an understatement. As well as being essential for any Australian lawyer, the history underlying and informing the Australian legal system is a uniquely interesting amalgam of English, American and local developments.The two volumes of Historical Foundations of Australian Law set the very highest standards of analysis and scholarship. Each is introduced by a useful and perceptive commentary by James Watson. Together, they contain 31 essays by distinguished judges and practitioners and academics. Although each essay is self-contained, in combination they yield a rich analysis of how Australian law has reached its present state.The first volume, Institutions, Concepts and Personalities, contains incisive assessments of key figures such as Sir Owen Dixon and Justice Joseph Story (by Justices Hayne and Allsop respectively), and of key developments such as the establishment of an Australian land law, the reception of the common law, the growth to nationhood, the changing role of precedent and the separation of powers. There are essays on the very early influences on Australian law from the leading early texts (Glanvill and Bracton), from early English statutes and from Roman law. There are essays on the growth of equity, and even a modern dialogue on the Judicature legislation. And there are accounts of legal procedure, which is ultimately the source of much substantive law, and of the jurisprudential figures who have sought to analyse law.The second volume, Commercial Common Law, complements the first: distinguished judges, practitioners and academics write on many aspects of commercial practice, often viewed through more than one prism. Thus there are chapters on money and bills of exchange, and cheques and banking, and on the actions often associated with them (notably debt and conversion), and on Lord Mansfield's contribution to commercial law. There are chapters on how the basic elements of the law of torts and contract came into existence, from a variety of perspectives. There are analyses of privilege, defamation, assignment and implied terms. There are chapters on corporations, agency and insolvency, and a notable one on restitution (by Ian Jackman SC) that poses a challenge to thinking which has become orthodox outside Australia.These volumes are a very distinguished contribution to Australian legal literature, and the essays will bear reading and re-reading.* Click here for information about Volume I - Institutions, Concepts and Personalities* Click here for information about Volume II - Commercial Common Law

Download or read book FOUNDATIONS OF THE AUSTRALIAN LEGAL SYSTEM written by AUGUSTO. ZIMMERMANN and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the Australian legal system.

Download or read book Foundations of Australian Law written by Callie Harvey and published by . This book was released on 2009 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Women Judges and the Gender Order written by Kcasey McLoughlin and published by Routledge. This book was released on 2021-11-18 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.

Download or read book A Source Book of Australian Legal History written by John Michael Bennett and published by Law Book Company for New South Wales Bar Association. This book was released on 1979 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section V. The foundation law (p. 247-63) outlines English legal principles of colonisation and introduction of English law in Australia; influence of international jurists, esp. Vattel; instructions to Capt. Cook, proclamations of colonies; Batmans treaty and its voiding; early application of English law to Aborigines in Tasmania and New South Wales.

Download or read book Tradition and Change in Australian Law written by Patrick Parkinson and published by Lawbook Company. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the tradition of law in Australia & the tension between adherence to tradition & the demands of change & renewal for the legal system. The author argues that the greatest challenge the legal system faces is the challenge of inclusion -- to make the legal system one to which all Australians have access & in which all Australians are able to make their voices heard. The new edition takes account of recently published work in Australian legal history, including the Wik case & the native title debate, the debate about a Republic, changes in the Australian court system, developments in legal reasoning & statutory interpretation, & the problems of access to justice.

Download or read book An Australian Legal History written by Alex Cuthbert Castles and published by Lawbook Company. This book was released on 1982 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes cases, concepts and principles affecting status of Aboriginal people under British law; territorium nullius and non-recognition of Aboriginal land rights.

Download or read book Human Rights and Judicial Review in Australia and Canada written by Janina Boughey and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

Download or read book Shaping Contracts for Work written by Gabrielle Elisabeth Golding and published by Oxford University Press. This book was released on 2023-12-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.

Download or read book Judging Democracy written by Haig Patapan and published by Cambridge University Press. This book was released on 2000-08-31 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.

Download or read book Proportionality and Facts in Constitutional Adjudication written by Anne Carter and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Download or read book Anatomists of Empire written by Ross L Jones and published by Australian Scholarly Publishing. This book was released on 2020-04-17 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 20th-century anatomists Grafton Elliot Smith, Frederic Wood Jones and Arthur Keith travelled the globe collecting, cataloguing and constructing morphologies of the biological world with the aim of weaving these into a new vision of bio-ecology that links humans to their deep past as well as their evolutionary niche. They dissected human bodies and scrutinised the living, explaining for the first time the intricacies of human biology. They placed the body in its environment and gave it a history, thus creating an ecological synthesis in striking contrast to the model of humanity that they inherited as students. Their version of human development and history profoundly influenced public opinion as they wrote prolifically for the press; they published bestsellers on human origins and evolution; they spoke eloquently at public meetings and on the radio. They wanted their anatomical insight to shape public policy. And by changing popular views of race and environment, they moulded attitudes as to what it meant to be human in a post-Darwinian world—thus providing a potent critique of racism.

Download or read book Laying Down the Law written by Robin Creyke and published by . This book was released on 2020 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laying Down the Law provides a comprehensive and accessible introduction to the study of law.

Download or read book The Foundations of Australian Public Law written by Anthony J. Connolly and published by Cambridge University Press. This book was released on 2017-05-25 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning. Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia's federal, state and territory jurisdictions.

Download or read book The Australian Law Times written by Anonymous and published by Wentworth Press. This book was released on 2019-03-25 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018-03-01 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.

Download or read book Oral History and Australian Generations written by Katie Holmes and published by Routledge. This book was released on 2018-10-11 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2011 to 2014, the Australian Generations Oral History Project recorded 300 interviews with Australians born between 1920 and 1989. The contributions to this book, a result of this project, reflect on the practice of oral history and how interviews can illuminate Australian social and cultural history. Three of the chapters consider oral history innovations: focusing on the potential for oral history in a digital age, the pioneering technologies that underpinned Australian Generations and the ethical issues posed by online digital oral history, and the challenges and opportunities for radio oral history. In addition, four chapters demonstrate how oral history interviews can be used as rich evidence for historical research: examining the interconnections between class, social equity, and higher education in post-war Australia; how life histories can transform understandings of mental ill-health; considering how oral history interviews with Australians of all ages confound stereotypical notions about generations; and investigating the ways in which family relationships mediate identities and how remembered places and objects provide points of anchor in a rapidly changing world. This book was originally published as a special issue of Australian Historical Studies.