Download or read book Politics of the High Court a Study of the Judicial Branch of the Government of Australia written by Brian Galligan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Politics of the High Court written by Brian Galligan and published by University of Queensland Press(Australia). This book was released on 1987 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The High Court the Constitution and Australian Politics written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2015-02-26 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Political Impact of the High Court written by David Harris Solomon and published by . This book was released on 1992 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is about the impact of the High Court and its decisions on Australian politics. It explains the way in which the Court's decisions in some constitutional and other cases have changed the course of Australian politics - decisions which have forced federal and state governments to change their policies, and political parties to change their platforms. Its emphasis is on the broad range of issues where the High Court has changed the political game. It is not a history or a legal or constitutional text. Rather, it is an examination of what has been a missing link in Australian political studies. The book is for anyone wanting to know about a vital, but often ignored, part of the Australian political process.
Download or read book The Australian Judiciary written by Enid Campbell and published by Cambridge University Press. This book was released on 2012-11-27 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
Download or read book Inside the Mason Court Revolution written by Jason Louis Pierce and published by . This book was released on 2006 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the Australian High Court's enormously controversial and politically explosive transformation during the 1990s. Led by Chief Justice Anthony Mason, the Court embarked on a concerted effort to recast its role within Australia's legal and political systems. The Court moved to the storm center of Australian politics as it became a catalyst for reforms that appeared unobtainable through parliamentary means, including rights for Australia's indigenous population and free speech protections. Securing unprecedented access to Australia's High Court and senior appellate judges, Pierce describes how the transformation unfolded, identifies the conditions that encouraged it, and explores how the Mason Court reforms have attenuated in recent years in the face of a hostile conservative government and in the absence of formal support structures, such as a bill of rights. The book situates the High Court's transformation in the wider context of similar changes that occurred in other common law judicial systems during recent decades, including the United States, Great Britain, and Canada. "Inside the Mason Court Revolution is the 'go to' book for a solid, accessible analysis of recent jurisprudential changes on Australia's High Court, an informative explanation of why these changes occurred, and thoughtful commentary on how permanent they may be." -- Law & Politics Book Review "Pierce intelligently analyses the reasons for the Court's activism during this period, such as the passage of the Australia Act 1986 and Australia's growing legal independence, the introduction of compulsory retirement for High Court judges, and the requirement for leave to appeal in virtually all cases. This excellent work cogently analyses the criticisms made of the Court during this period that it was too 'activist' and political' for an unelected body." -- Law Institute Journal "The book is based on more than eighty in-depth interviews with the senior judiciary in Australia in the late 1990s... Pierce quotes at length from the interviews, and it is extremely valuable to hear these judges in their own words... the quotes are enormous fun, and can be very thought provoking." -- Oxford University Commonwealth Law Journal "Herein lies the book's great importance, Pierce so convincingly argues--utilising the remarks of the very echelon of the Australian profession as support--that how courts function is dependent upon a complex interplay of legal, individual, institutional and political variables that neither camp--lawyer or political scientist--can remain happily in their comfort zone." -- Federal Law Review "Against what sorts of political standards do we assess claims of the use and abuse of judicial powers? The relevance of Pierce's fascinating book is that it provides a fresh answer to this quite fundamental question... Pierce deserves many non-Australian readers." -- The American Review of Politics "Pierce has thoroughly researched his subject and, for that reason, this book is a worthwhile addition to any library." -- Precedent Magazine "[T]he judicial comments recorded in this book are in many cases both thoughtful and thought-provoking. They provide great insight into the judicial role and method from those who practise it. Both the divergences and similarities in views are instructive and this material could well prove useful for future studies on the judiciary." -- Melbourne University Law Review
Download or read book Comparative Federalism written by Thomas O. Hueglin and published by University of Toronto Press. This book was released on 2006-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a thoughtful, well-organized review of a subject of ever-increasing importance—the resurgence of the federal idea." - The Honourable Bob Rae, 21st Premier of Ontario
Download or read book The Australian Study of Politics written by R. Rhodes and published by Springer. This book was released on 2009-11-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian Study of Politics provides the first comprehensive reference book on the history of the study of politics in Australia, whether described as political studies or political science. It focuses on Australia and on developments since WWII, also exploring the historical roots of each major subfield.
Download or read book Judicialization of Politics written by Reginald S. Sheehan and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the judicialization of politics in the High Court of Australia. The authors argue it is the interplay of institutional structures, a growing concern for individual rights, and the willingness of the justices to engage in purposive policymaking that lead the court to engage in judicial politics. The High Court of Australia underwent a significant structural change in its jurisdiction at about the same time that it was also experiencing a shift away from strict legalism. Segments of the Australian population began to lose faith in the ability of Parliament to right societal wrongs and protect the rights of individuals. The result was a period of time in which the decision-making of the High Court was under scrutiny because the Court seemed to be engaging in policymaking. The findings suggest that justices can be constrained by institutional structures and the acceptance of restrictive legal doctrines. Changes in those conditions are necessary for judicialization of politics to occur in a court. The book will be of interest to a wide range of scholars who are interested in the phenomenon of the judicialization of politics. These scholars include law school professors, political scientists, and other academics studying judicial politics and the role of constitutional structures and legal doctrine in decision-making. The book is ideal for use in a graduate seminar on judicial politics and/or comparative legal systems. It provides an excellent example of a comparative research design and analyses that would be a valuable instructional tool in a graduate class.
Download or read book McCawley and Trethowan The Chaos of Politics and the Integrity of Law Volume 1 written by Ian Loveland and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this two-volume work, Ian Loveland offers a detailed exploration and analysis of 2 Australian entrenchment cases which have long been a source of fascination and inspiration to lawyers. This first volume, focusing on the McCawley case, introduces non-Australian readers to the remarkably rich legal and political history of constitutional formation and development in New South Wales and Queensland in the 19th and early 20th centuries. It culminates with a deeply contextualised analysis of the emergence of the bizarre 'Two Act entrenchment' principle which emerged in Queensland's constitutional law in 1908 and the subsequent and celebrated McCawley judgments of the Australian High Court and Privy Council. The judgments are placed in both their deep and immediate historical and political contexts; from the legal formation of New South Wales in the late 1700s, through the creation of New South Wales and Queensland as distinct colonies in the 1850s and the subsequent passage of the Colonial Laws Validity Act 1865, on to the fiercely contested reformism espoused by Labour governments in Queensland in the early part of the twentieth century.
Download or read book Australian Politics and Government written by Jeremy Moon and published by Cambridge University Press. This book was released on 2003-02-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Download or read book The Judge as Political Theorist written by David Robertson and published by Princeton University Press. This book was released on 2010-07-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Download or read book High Courts in Global Perspective written by Nuno Garoupa and published by University of Virginia Press. This book was released on 2021-08-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy
Download or read book Natural Justice and the High Court of Australia written by Ian Holloway and published by Dartmouth Publishing Company. This book was released on 2002 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The original thesis of this book is that, in Australia, natural justice has become an aspect of constitutional rather than administrative law. This view of procedural justice is developed in the context of UK and Commonwealth law in a way that brings both historical and doctrinal research to bear on important contemporary issues in judicial review. The author traces the origins and fluctuating development of the idea and practice of natural justice in England and its adaptation to the planned state in Australia. Consideration is given to the impact of the so-called new property and the broadening protection of citizens' rights, the growing significance of the doctrine of legitimate expectations, and the changing role of the notion of ultra vires as a legitimizing basis for judicial review. The book culminates in a critical examination of the idea of common law constitutionalism and the need to develop present-day rationales for the protection of procedural rights.
Download or read book The Judge the Judiciary and the Court written by Gabrielle Appleby and published by Cambridge University Press. This book was released on 2021-04-29 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Download or read book Australian Politics in the Twenty First Century written by Stewart Jackson and published by Cambridge University Press. This book was released on 2022-09-02 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global political environment in the twenty-first century is proving dynamic and challenging for Australian policymakers and political institutions. Australian Politics in the Twenty-first Century contextualises the Australian political landscape through an institutional lens. It examines the legislative and judicial bodies, minor parties, lobby groups, the media and the citizenry, providing historical and contemporary facts, explaining political issues and examining new challenges. The second edition has been updated to reflect the application of political theories in today's civic environment. New spotlight boxes highlight issues including marriage equality, COVID-19 and federalism, the inclusion of First Nations peoples in the political system, and gender equality in public policy. Short-answer, reflection, research and discussion questions encourage students to test and extend their knowledge of each topic and to clearly link theory to practice. Written in an accessible and engaging style, Australian Politics in the Twenty-First Century is an invaluable introduction to the Australian political system.
