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AAP Case

AAP Case  

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Overview Page
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Law
(1975).The Social Welfare Commission Act 1973 (Cth) was an initiative of the Whitlam era. It established a Social Welfare Commission to investigate community social welfare needs, review the ...
Activism

Activism  

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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 ...
Alan Russell Taylor

Alan Russell Taylor  

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Law
(born 25 November 1901; died 3 August 1969; Justice 1952–69),was born at Newcastle, NSW, the fifth son of Walter Durham Taylor, customs officer from York, England, and his native-born wife Lilias ...
Alfred Thompson Denning

Alfred Thompson Denning  

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Overview Page
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Law
Lord Denning (1899–1999)was the most renowned English judge of the twentieth century. His fame rested on an irresistible combination of qualities. He had a quick forensic and analytical mind. ...
Anthony Frank Mason

Anthony Frank Mason  

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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 ...
Authoritative legal materials

Authoritative legal materials  

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Overview Page
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Law
May refer to the materials Justices must employ in judicial reasoning, or to those they may legitimately employ. The former sense refers primarily to legislation made by a parliament or ...
authority

authority  

Legitimate power, decision-making capacity, and the means to cause others to obey. The word applies both to the abstract quality and to the individual or organization in command.
Barwick Court

Barwick Court  

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Law
(27 April 1964–11 February 1981).The history of the Court during Barwick's term as Chief Justice may be divided into two periods. Initially, Barwick sat with Justices who were contemporaries ...
Bench

Bench  

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Overview Page
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Law
N.1 Literally, the seat of a judge in court. The bench is usually in an elevated position at one side of the court room facing the seats of counsel and solicitors.2 A group of judges or magistrates ...
binding precedent

binding precedent  

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Overview Page
Subject:
Law
A proposition of law (the ratio decidendi) for which a case is authority. The ratio decidendi must be applied in a later (instant) case if three conditions apply:(1) the ...
Biographies and biographical writing

Biographies and biographical writing  

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Overview Page
Subject:
Law
Beyond a raconteur's delight in exposés, does the quest for and nurturing of first-rate biographies of Australia's judges matter? Yes—if beneath the rhetoric of judicial neutrality, autonomy, ...
case law

case law  

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Overview Page
Subject:
Law
The body of law set out in judicial decisions, as distinct from statute law. See also precedent.
certainty and flexibility in law

certainty and flexibility in law  

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Overview Page
Subject:
Law
One of the functions of law is to guide behaviour and to provide frameworks within which individuals can plan. For this, certainty is a high value. For example, in planning ...
Citations by Court

Citations by Court  

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Overview Page
Subject:
Law
Judges, especially appellate judges, are expected to give reasons for their decisions. In the course of giving these reasons, the judges generally cite authorities in support of their conclusions. So ...
Commentators and commentary

Commentators and commentary  

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Overview Page
Subject:
Law
Two major themes—explorations of past performances and guidance towards or prophecies of future endeavours—flow from analyses and evaluations of the High Court, its Justices and judicial opinions. ...
common law

common law  

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Overview Page
Subject:
Law
1 The part of English law based on rules developed by the royal courts during the first three centuries after the Norman Conquest (1066) as a system applicable to the whole country, as opposed to ...
common law in the colonies

common law in the colonies  

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Overview Page
Subject:
Law
How did the common law spread from England to its colonies, and what shape did it take once it reached there? The answer is not generally found in imperial (ie ...
Common-law Court

Common-law Court  

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Overview Page
Subject:
Law
The Supreme Court is a common‐law court that operates in a system that has little federal common law. Yet its common‐law nature is important to the Court's functioning as a ...
Concurring judgments

Concurring judgments  

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Overview Page
Subject:
Law
A Justice who agrees in the result of a particular case may either join in the judgment of the Court, or of the majority, or may write a separate judgment ...
concurring opinion

concurring opinion  

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Overview Page
Subject:
Law
Justices of the U.S. Supreme Court write concurring opinions on cases when they agree with the outcome of the majority opinion but disagree with the Court's reasons or explanations for ...

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