• EAN: 9781862872066
  • 292 pages; 6" x 8⅝"
Filed Under: Judicial Power

Courts of Final Jurisdiction

The Mason Court in Australia


Product Description

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.


The Mason Court in Context

Cheryl Saunders

The Chief Justice and the High Court

A Tribute to Sir Anthony Mason

Sir Gerard Brennan

The Court, the Parliament and the Executive

Michael Lavarch

The Role of the Chief Justice: A View from the Bar

David Jackson

The Role of the Chief Justice: A Media View

Jack Waterford


Keith Mason

Procedural Fairness

RA Finkelstein

Fair Dealing and Good Faith

Ian Renard

Implications of Judicial Law-Making

John Doyle

Influences on Judicial Law-Making

LJ Priestley


Vote of Thanks

Sir Maurice Byers

A Reply

Sir Anthony Mason

The Global Context

Fairness and the Common Law: Using Equity to Achieve Justice

Beverley McLachlin

The Dream of an International Common Law

Lord Cooke of Thorndon

The Common Law as Constitution: Fundamental Rights and First Principles

TRS Allan

Constitutional Court of South Africa

Ismail Mahomed

The European Union and English Law

Lord Slynn of Hadley

The Impact of International Law in the Legal Order of the Netherlands: The Role of the Judiciary

Fried Van Hoof

Treaties and the Internationalisation of Australian Law

Kristen Walker

The Impact of Internationalisation on Australian Law: A Commentary

Gareth Evans

The Constitutional Court in United Germany: New Areas of Conflict and New Perspectives

Jürgen Kühling

Issues and Challenges Facing the Supreme Court of Papua New Guinea

Sir Arnold Amet


Looking to the Future

Sir Gerard Brennan

Table of Cases/ Table of Statutes/ Index

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