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Law-making role: reflections

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Accountability

Accountability  

Reference type:
Overview Page
Subject:
Law
The High Court is the end of the road for litigants; there is no further appeal to another court. Moreover, its Justices are appointed until retirement age, are not subject ...
Activism

Activism  

Reference type:
Overview Page
Subject:
Law
Judicial activism is an expression coined in the US in the 1940s, which has since become a political slogan. Like many slogans, it bears different shades of meaning. In contemporary ...
Anthony Frank Mason

Anthony Frank Mason  

Reference type:
Overview Page
Subject:
Law
(born 21 April 1925; Justice 1972–87; Chief Justice 1987–95)was a member of the High Court for 23 years and is regarded by many as one of Australia's greatest judges ...
collective responsibility

collective responsibility  

Reference type:
Overview Page
A convention applied in the operations of the UK cabinet that decisions on important issues of policy should not be taken by individual ministers in advance of cabinet meetings, and that decisions, ...
Dietrich v The Queen

Dietrich v The Queen  

Reference type:
Overview Page
Subject:
Law
(1992).In Dietrich, a majority of the High Court (Mason, McHugh, Deane, Toohey and Gaudron; Brennan and Dawson dissenting) held that the lack of legal representation for an accused charged with a ...
Frank Walters Kitto

Frank Walters Kitto  

Reference type:
Overview Page
Subject:
Law
(born 30 July 1903; died 15 February 1994; Justice 1950–70)was a Justice with a powerful analytical mind and a reputation for legalism and conservatism. Eldest son of James Kitto ...
Garcia v National Australia Bank

Garcia v National Australia Bank  

Reference type:
Overview Page
Subject:
Law
(1998).In this case, the High Court was confronted with an anachronistic rule based upon controversial assumptions about the vulnerability of married women.Garcia concerned the circumstances in which ...
Gerard Brennan

Gerard Brennan  

Reference type:
Overview Page
Subject:
Law
(born 22 May 1928; Justice 1981–95; Chief Justice 1995–98).In many respects, Brennan embodied the tension that is at the heart of the judicial oath. He believed that it was ...
Gleeson Court

Gleeson Court  

Reference type:
Overview Page
Subject:
Law
(22 May 1998–).At the end of 2000, Gleeson remained the most recently appointed Justice. A few months before his appointment, Dawson and Toohey retired and were replaced by Hayne ...
jurisprudence

jurisprudence  

Reference type:
Overview Page
Subject:
Law
N.The theoretical analysis of legal issues at the highest level of abstraction. Jurisprudence may be distinguished from both legal theory and the philosophy of law by its concern with those questions ...
Law-making role: further reflections

Law-making role: further reflections   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,476 words

From one point of view, the Court engages in a law-making role in almost every case. It is now generally

Law-making role: reflections

Law-making role: reflections   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
1,814 words

The central function of the courts is the adjudication of disputes. However, in the common law system, the adjudication of

Mabo

Mabo  

Reference type:
Overview Page
Subject:
Law
The surname of Eddie Koiki Mabo (1936–92), firstnamed plaintiff in the High Court case Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1. This case is commonly referred to as ‘Mabo’.[...]
Mason Court

Mason Court  

Reference type:
Overview Page
Subject:
Law
(6 February 1987 to 20 April 1995).The Mason Court was described by Maurice Byers in 1996 as one of ‘the most gifted and courageous High Courts in our history’. ...
Michael Hudson McHugh

Michael Hudson McHugh  

Reference type:
Overview Page
Subject:
Law
(born 1 November 1935; Justice since 1989)was the product of a strong working-class tradition. His father had felt the bite of the Depression and valued loyalty to his friends ...
Personal relations: a personal reflection

Personal relations: a personal reflection  

Reference type:
Overview Page
Subject:
Law
Personal relationships between Justices, depending as they do upon so many diverse factors, vary considerably. Geographical propinquity, age, experience, shared experiences, common legal interests, ...
Policy considerations

Policy considerations  

Reference type:
Overview Page
Subject:
Law
‘“Policy”’ has become a hideously inexact word in legal discourse' (Neil MacCormick, Legal Reasoning and Legal Theory (1978). In this respect, ‘policy’ is not unlike ‘values’. Each term is used ...
positivism

positivism  

A philosophical system which holds that every rationally justifiable assertion can be scientifically verified or is capable of logical or mathematical proof, and which therefore rejects metaphysics ...
precedent

precedent  

Reference type:
Overview Page
Subject:
Law
N.A judgment or decision of a court, normally recorded in a law report, used as an authority for reaching the same decision in subsequent cases. In English law, judgments and decisions can represent ...
prospective overruling

prospective overruling  

Reference type:
Overview Page
Subject:
Law
A court ‘overrules’ the decision of an earlier court when it decides that a rule laid down in the earlier case should no longer be the law. In general, a ...

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