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Author : Enid Campbell,H. P. Lee
Publisher : Cambridge University Press
Page : 423 pages
File Size : 53,8 Mb
Release : 2012-11-27
Category : Law
ISBN : 9780521769167
This definitive survey of the Australian judiciary describes and evaluates the work, techniques, problems and future of courts and judges.
Author : Brian R. Opeskin,Fiona Wheeler
Publisher : Melbourne University
Page : 564 pages
File Size : 50,8 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105060783540
This comprehensive account of the Australian national judicial system comprises specialist contributions from experts in their field, including judges, government lawyers, barristers, and academics. At a time of impending reform, it takes stock of the federal judicial system and likely developments.
Author : Gabrielle Appleby,Andrew Lynch
Publisher : Cambridge University Press
Page : 341 pages
File Size : 55,7 Mb
Release : 2021-04-29
Category : Law
ISBN : 9781108494618
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Author : Rebecca Ananian-Welsh,Jonathan Crowe
Publisher : Unknown
Page : 258 pages
File Size : 53,5 Mb
Release : 2016
Category : Judicial independence
ISBN : 1760020656
Judicial independence is a fundamental aspect of law and governance in Australia, commanding near universal endorsement. Despite its vital importance, the independence of the Australian judiciary is threatened on a variety of fronts. This volume brings together some of Australia's leading constitutional scholars to discuss judicial independence and its contemporary challenges, including challenges posed by politics, judicial selection, extra-judicial activities, social media and the war on terror. Contributions include theoretical, empirical and comparative perspectives. The book includes an initial essay by former Chief Justice of the High Court of Australia, Sir Anthony Mason AC KBE CBE QC. The volume provides a valuable guide to future directions in law and governance, with an eye to strengthening judicial independence in Australia.
Author : Cheryl Saunders
Publisher : Federation Press
Page : 296 pages
File Size : 45,5 Mb
Release : 1996
Category : Law
ISBN : 1862872066
The Mason Court ushered in a new age of Australian jurisprudence. Adopting a more explicit style of judicial reasoning, it drew its precedents from a wider range of jurisdictions and presided over new directions in Australian law in areas ranging from contract to constitutional and equity to native title. Why did this happen and where will it lead? Why are courts overseas feeling similar pressures and how are they reacting? The papers in this book, conceived as a tribute to Sir Anthony Mason, debate the role of courts of final jurisdiction and of their chief justices at the end of the 20th century.
Author : Australian Institute of Judicial Administration
Publisher : Unknown
Page : 48 pages
File Size : 44,6 Mb
Release : 1989-01-01
Category : Courts
ISBN : 0959002960
Author : James Crawford
Publisher : Unknown
Page : 314 pages
File Size : 47,7 Mb
Release : 1988
Category : Courts
ISBN : STANFORD:36105044276355
The Australian court system continues to be the subject of debate and disagreement. Since the appearance of the first edition, Australian Courts of Law has been the standard work on the Australian court system. Now fully revised and updated, it provides a succinct guide to, and analysis of Australian courts and tribunals, their jusrsidiction and their functioning. Australian Courts of Law provides authoritative and comprehensive coverage of all material pertaining to Australian sources.Controversial issues in recent years have included the need for better case management procedures by courts, the growing importance of alternative dispute resolution, and the relationship between courts and tribunals, as well as between specialist and generalist courts. The book traces the development of the Australian court system from their English and colonial origins and gives an up-to-date account of the modern system. Australian Courts of Law is essential reading for all law students and high school legal studies students, and is recommended for anyone seeking an introduction to the Australian courts and the Australian legal system, or interested in further information on their workings and problems.
Author : Gabrielle Appleby,Anna Olijnyk,James Stellios,John Williams
Publisher : Unknown
Page : 128 pages
File Size : 50,5 Mb
Release : 2021-05-15
Category : Electronic
ISBN : 1760022675
Author : Benjamin Alarie,Andrew J. Green
Publisher : Oxford University Press
Page : 200 pages
File Size : 42,7 Mb
Release : 2017-07-25
Category : Law
ISBN : 9780190466404
Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
Author : John Carvan
Publisher : Unknown
Page : 210 pages
File Size : 41,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063711258
A concise account of the language and structures of the Australian legal system for those who want a succinct yet thorough approach to this subject. Contents include: studying law, the law-making process, the legal system, precedent, the interpretation of statutes, contracts and commercial dealings and more.
Author : Brian Opeskin
Publisher : Springer Nature
Page : 325 pages
File Size : 44,7 Mb
Release : 2022-01-01
Category : Social Science
ISBN : 9783030887476
This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.
Author : Ian R. Freckelton,Prasuna Reddy,Hugh Selby
Publisher : Unknown
Page : 168 pages
File Size : 47,8 Mb
Release : 1999
Category : Evidence, Expert
ISBN : 1875527273
This survey of judges provides an opportunity to understand what the Australian judiciary thinks about the presentation of expert evidence in the courts.
Author : Janina Boughey
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 45,8 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509907878
It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Author : Andrew Inglis Clark
Publisher : Legal Book Company
Page : 512 pages
File Size : 49,8 Mb
Release : 1997
Category : Australia
ISBN : OSU:32437122134493
Author : Thomas (Hon. Mr. Justice, James Burrows)
Publisher : Butterworth-Heinemann
Page : 430 pages
File Size : 55,7 Mb
Release : 2009-01-01
Category : Judicial ethics
ISBN : 0409325724
An examination of the rules of conduct and behaviour expected of Australian judges. This book is concerned with the conduct of judges, including magistrates and tribunal members. It discusses the temptations and travails to which judges are subject, exposes many of their misdeeds throughout the common law world, and sets out the high standards of conduct that they are expected to observe. It offers solutions to most of the ethical difficulties that might arise in the course of a judge's career. It illustrates these with practical examples aided by theoretical discussion. The book also examines the means by which the standards of conduct are enforced and whether current systems are capable of improvement. A must-read text for all members of the judiciary and the wider legal profession as well as academics, students and members of the public. Important Features: Authoritative, Detailed, Practical examples, Accessible.