The Mason Papers

The Mason Papers PDF

Author: Sir Anthony Mason

Publisher: Federation Press

Published: 2007

Total Pages: 458

ISBN-13: 9781862876521

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" There have been times when Australian court judgments have held enormous weight in courts throughout the world, certainly throughout the Commonwealth. Owen Dixon's High Court in the 1950s and Anthony Mason's High Court in the 1980s are examples. If there were an Olympic record for teams of judges - and why not since they have Olympic medals for tae kwon do and beach volleyball - the Mason court would have won gold year after year. The quality of its jurisprudence was the best in the world" - Geoffrey Robertson QC, Sydney Morning Herald, 30th August 2007.This book comprises a selection of articles and speeches by Sir Anthony Mason written and delivered when he was a Justice and later Chief Justice of the High Court of Australia and after his retirement from that Court in 1995. It demonstrates his long standing interest in the judicial process and his desire to communicate to the legal world and the public a more enlightened understanding of the proper scope of judicial law-making and the responsibility of judges for adapting the law to the changing conditions in society. It also displays his acknowledged mastery of public and private law and his belief in the growing significance of international and comparative law in the development of Australian law. The book contains some important speeches and articles on constitutional and administrative law, international law, human rights, equity and contract, the High Court, judicial administration, advocacy, a significant media interview, a State of the Judicature report delivered as the Chief Justice of Australia and his swearing in speeches when appointed as a Justice and later Chief Justice of the High Court. Some of the selected speeches display Sir Anthony's characteristic wit. The book deals with highly topical subjects such as whether Australia should adopt a bill of rights, the health of Australia's democratic institutions, the establishment of an Australian republic, globalization and the decline of parliamentary and national sovereignty. The articles and speeches were chosen and edited by Professor Geoffrey Lindell in consultation with Sir Anthony.

No Small Change

No Small Change PDF

Author: Frank Brennan

Publisher: University of Queensland Press

Published: 2015-05-01

Total Pages: 356

ISBN-13: 0702254509

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In 1967, Australians voted overwhelmingly in favor of removing from the Constitution two references that discriminated against Aboriginal and Torres Strait Islander people. Though these seemed like small amendments, they were an impetus for real change: from terra nullius to land rights, and from assimilation to self-determination. Nearly 50 years later, there is a groundswell of support for our Indigenous heritage to be formally recognized in the Constitution. With the prospect of a new referendum in the near future, Frank Brennan considers how far Australians have come—and yet how much work lies ahead. He looks through the prism of history to examine what we can learn from our successes and failures since 1967, from the efforts of the Council of Aboriginal Affairs to the Gove land rights case and the Aboriginal Tent Embassy. He also assesses the way forward: how the upcoming referendum might provide fresh momentum for governments and Indigenous Australians to negotiate better outcomes. Written by one of the most respected commentators on legal and human rights issues, this book makes a vital contribution to the understanding of Indigenous affairs. It will generate crucial debate on how Australians should acknowledge the history that for too long has gone unrecognized

Retreat from Injustice

Retreat from Injustice PDF

Author: Nick O'Neill

Publisher: Federation Press

Published: 2004

Total Pages: 804

ISBN-13: 9781862874145

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This new edition of Retreat from Injustice has the strengths and style of its predecessor: the account of human rights in Australia is firmly grounded in historical and international contexts; the availability and limitations of rights and freedoms are clearly detailed and illustrated with cases; and a particular spotlight is placed on key current human rights issues including terrorism, indigenous issues and asylum seekers.

Speaking Back

Speaking Back PDF

Author: Katharine Gelber

Publisher: John Benjamins Publishing

Published: 2002

Total Pages: 200

ISBN-13: 9789027226914

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What is hate speech? How does a person suffer when they are vilified? What can public policy do to redress it? This text proposes a new type of hate speech policy - "speaking back" - providing institutional, material and educational support to enable the victims of hate speech to respond.

Viceregalism

Viceregalism PDF

Author: H. Kumarasingham

Publisher: Springer Nature

Published: 2020-07-18

Total Pages: 385

ISBN-13: 3030462838

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This book examines how the Crown has performed as Head of State across the UK and post war Commonwealth during times of political crisis. It explores the little-known relationships, powers and imperial legacies regarding modern heads of state in parliamentary regimes where so many decisions occur without parliamentary or public scrutiny. This original study highlights how the Queen’s position has been replicated across continents with surprising results. It also shows the topicality and contemporary relevance of this historical research to interpret and understand crises of governance and the enduring legacy of monarchy and colonialism to modern politics. This collection uniquely brings together a diverse set of states including specific chapters on England, Scotland, Northern Ireland, Sri Lanka, Malaysia, Brunei, Ghana, Nigeria, Zimbabwe/Rhodesia, Australia, Tuvalu, and the Commonwealth Caribbean. Viceregalism is written and conceptualised to remind that the Crown is not just a ceremonial part of the constitution, but a crucial political and international actor of real importance.