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 Crusaders in the Courts written by Jack Greenberg and published by . This book was released on 2004 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Proceedings of the Suffolk Bar and Superior Court in Memory of Albert Mason Chief Justice of the Superior Court June 16 1905 written by Suffolk Bar and published by . This book was released on 1905 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book From Moree to Mabo written by Pamela Burton and published by Trans Pacific Press. This book was released on 2010 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the remarkable story of Mary Gaudron AC QC, the first female Justice of the High Court of Australia. With wit, astonishing intellect and the tool of the law, Gaudron exposed inequality and discrimination in the workforce and campaigned vigorously for women to be accorded equal pay and equal opportunities.

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 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 Frank Avant Vs C H Mason written by Deacon Calvin S. McBride and published by iUniverse. This book was released on 2009-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without a doubt, Frank Avant vs. C. H. Mason is the most critical juncture in the entire history of the Church of God in Christ (COGIC). The Pentecostal-Holiness Movement of the early twentieth century began with an aggressive legal confrontation between two of the movement's leading African-American pastors and their adherents. Charles P. Jones and Charles H. Mason's up-close and personal relationship was torn apart over their fundamental differences of the baptism in the Holy Ghost and speaking in tongues. Up until the Azusa Street Revival, Jones and Mason shared an extraordinary profundity for each other; and their relationship was maximized when Jones united Mason and Lelia Washington in marriage in 1905. In 1907, Jones filed a lawsuit in Memphis against Mason after leading the way in having Mason excommunicated from the General Ministerial Council of Holiness Churches and Meetings for proliferating speaking in tongues. Jones and Mason founded the organization in 1897 after both of them were expelled from the Baptist denomination for teaching holiness. When Mason lost the case in Memphis Chancery Court, it was merely an opportunity to lead the Jones faction to the―Red Sea. Mason and his attorney, Elder Robert E. Hart, appealed the case to the Tennessee Supreme Court in Jackson, where the judges decided in their favor, devastating the Jones faction and their attorney, Benjamin F. Booth.

Download or read book The Brethren written by Bob Woodward and published by Simon and Schuster. This book was released on 2011-05-31 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Download or read book Rethinking the New Deal Court written by Barry Cushman and published by Oxford University Press. This book was released on 1998-02-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

Download or read book The Politico Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.

Download or read book After the Judicial Revolution written by Rebecca D. Gill and published by Routledge. This book was released on 2017-01-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, supreme courts across the common law world have been undergoing revolutionary changes in their roles and responsibilities and a concomitant global expansion of judicial power and politicization of courts. While much has been written about the events leading up to these, this book fills a gap in the literature by exploring the aftermath of such revolutionary change. The focus of the work is the judicial revolution that came to Australiaâe(tm)s High Court in the late 1980s and 1990s under the leadership of Chief Justice Anthony Mason and the post-revolution retrenchment that occurred during the chief justiceship of Murray Gleeson. Many expected Chief Justice Gleesonâe(tm)s appointment to the High Court would mark a turning point away from the highly politicized, deeply controversial 'activist' jurisprudence of the Mason Court with a minimalist jurisprudence that was more grounded in black letter law, and more deferential to parliament and the executive. The authors use the regime politics model to allow analysis of how a court of final appeal tends to operate within the broader political system, including how it exercises judicial power and what happens when its decisions and methods run counter or challenge the governing coalition. It also enables assessment of where and how changes occur in substantive law, workload, and interactions with other branches. Ultimately, the book affirms the claims of regime politics scholarship that courts cannot stray for long from the dominant political regimeâe(tm)s values and commitments, lest the regime invoke its tools to bring compliance.

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Download or read book Law in Politics Politics in Law written by David Feldman and published by Bloomsbury Publishing. This book was released on 2013-12-05 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

Download or read book Australia s Constitution after Whitlam written by Brendan Lim and published by Cambridge University Press. This book was released on 2017-04-06 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original account of the 1975 constitutional crisis and its continuing relevance for informal constitutional change in contemporary Australian law.

Download or read book Multi Party Litigation written by Wayne V. McIntosh and published by UBC Press. This book was released on 2010-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.

Download or read book Free Speech After 9 11 written by Katharine Gelber and published by Oxford University Press. This book was released on 2016 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between counter-terrorism policy in liberal-democratic countries and freedom of speech has never been more prominent than it is today. Since the terrorist attacks of 2001, Western governments have made a distinct and deliberate move towards prevention - as opposed to purely prosecution - of terrorist crimes. However, in doing so, they have reached far into the freedom of speech, and, as Katharine Gelber argues, far further than many commentatorshave recognized. Examining the United States, the United Kingdom, and Australia, the book traces the significant shift in understandings of the appropriate parameters of freedom ofspeech and speech-practices in the counter-terrorism context, which has been seen both in policy change and in the discursive justification for that change. The book argues that this change has, to some extent, taken different forms in each jurisdiction, which reflect the pre-existing institutions within which the principle of freedom of speech was mediated in each country prior to 9/11.