Dynamic and principled : the influence of Sir Anthony Mason / editors, Barbara McDonald, Ben Chen, Jeffrey Gordon ; foreword, The Hon Sir Anthony Mason
- Bib ID:
- 8665786
- Format:
- Book
- Description:
-
- Alexandria, NSW : The Federation Press, 2022
- xxxii, [430] pages ; 25 cm.
- ISBN:
- 9781760023454 (hardback)
- Summary:
-
"This collection of essays from eminent judges, prominent practitioners and leading scholars analyses the work of one of the most important lawyers in Australian history, Sir Anthony Mason, Justice of the High Court of Australia from 1972 to 1987 and Chief Justice of Australia from 1987 to 1995. This book is primarily concerned with the law that Sir Anthony, with his fellow judges, declared and developed over his career in Australia on the High Court and subsequently in Hong Kong as one of the first Non-Permanent Judges on the Court of Final Appeal. Sir Anthony occupies a unique place in Australia that cries out for legal and historical analysis. His life has spanned Australia's development from a British dominion whose domestic politics was dominated by the States to its emergence as a modern and independent federal nation. His Chief Justiceship followed closely on the heels of Australia finally asserting its status as a sovereign independent nation with the Australia Acts 1986. Extra-judicially, Sir Anthony has long been an incisive and influential commentator on many aspects of private and public law and on the role of the judiciary. To mark the fiftieth anniversary of Sir Anthony's appointment to the High Court of Australia, this collection of essays seeks to highlight, evaluate and celebrate his work to ensure the dynamic and principled development of the law. The twenty-six contributors include five former associates to Sir Anthony who now hold senior judicial appointments themselves; members of the University of Sydney Law School, including William Gummow, who succeeded Sir Anthony on the High Court; and leading specialists at the Bar, the Australian National University, the National University of Singapore, and the University of New South Wales. The book is divided into three parts: Part 1 includes chapters on the roles of the judiciary in democratic nations with a strong commitment to the separation of powers; Part 2 considers many aspects of constitutional, administrative and public law as they developed under the Mason court, including federalism and the implied freedom of political communication; Part 3 includes chapters on contract, property, equity, tort and private international law. The range of topics in this book reflects the extraordinarily wide and lasting influence of Sir Anthony Mason on Australian law, and on law-makers, judges, academics, students and lawyers over decades in Australia"--.
- Full contents:
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- Introduction / Barbara McDonald, Ben Chen and Jeffrey Gordon
- Part I. General
- 1. The coming of age of Australian law / Stephen Gageler
- 2. Sir Anthony Mason: Hong Kong and The Court of Final Appeal / William Gummow
- 3. The modern approach to statutory construction / Mark Leeming
- 4. Sir Anthony's tenure on the New South Wales Court of Appeal / Stephen McLeish
- Part II. Public law
- 5. Exceptionalism and formalism: a study of the implication of procedural fairness / Margaret Allars
- 6. Sir Anthony Mason and the Australian Constitution: method and vision / Sean Brennan
- 7. External affairs, Australia's international commitments and Commonwealth legislative power: the influence of Sir Anthony Mason / Peter Gerangelos
- 8. Judicial federalism: unity or diversity? / Jeffrey Gordon
- 9. The Mason Court's enduring influence: functionalism and fair markets / Theunis Roux and Rosalind Dixon
- 10. Pioneering the nationhood power in the AAP Case / Anne Twomey
- 11. Sir Anthony and the implied freedom of political communication / Kristen Walker and Shawn Rajanayagam
- Part III. Private law
- 12. Sir Anthony Mason and the conflict of laws: a critical appraisal / Andrew Bell
- 13. Sir Anthony Mason's contribution to private property law in Australia / Fiona Burns
- 14. Mental distress damages and restitution: Baltic Shipping Co v Dillon (The Mikhail Lermontov) / JW Carter, Wayne Courtney and Gregory Tolhurst
- 15. A doctrinal landmark: Codelfa Construction Pty Ltd v State Rail Authority of NSW / JW Carter, John Eldridge and Elisabeth Peden
- 16. Appropriate uses of law and economics in the judicial process: illustrated by an incomplete contracts perspective on promissory estoppel / Ben Chen
- 17. Mason's fiduciary principles / Matthew Conaglen
- 18. The implied freedom of political communication and defamation law in the Mason High Court / Daniel Farinha and David Rolph
- 19. Mason on trusts: express, implied, resulting and constructive / Jamie Glister
- 20. The dynamics of Australian equitable estoppels / Jessica Hudson
- 21. Mason on tort law: what is negligence? / Barbara McDonald
- 22. Sir Anthony Mason's contribution to the doctrine of unconscionable dealing: Amadio's Case / Pauline Ridge
- 23. First Nations heritage: land rights, cultural integrity and succession law / Prue Vines.
- Notes:
- Includes bibliographical references and index.
- Subject:
- Other authors/contributors:
- Copyright:
-
In Copyright
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- Material type:
- Literary, dramatic or musical work
- Published status:
- Unpublished
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