The Federation Press

Key Issues in Public Law


This collection of papers by some of Australia’s leading judges and practitioners focuses on issues that have received insufficient attention in the published literature. It begins with four Spigelman Orations, delivered to the Public Law Section of the NSW Bar: Justice Stephen Gageler on deference, Chief Justice James Allsop on values in public law, Justice Virginia Bell on judicial legitimacy and the limits of review, and Chief Justice Bathurst on the limits of judicial review of integrity bodies. Papers on lawyerly skills then follow: David Jackson QC, one of the finest appellate advocates of our generation, on appellate advocacy; and Neil Williams SC, Chloe Burnett and Surya Palaniappan on statutory construction. The final section is a collection of papers on critical but much neglected subjects: Justice Mark Leeming on constitutional aspects of Commonwealth and State application laws; Justin Gleeson SC and Anna Mitchelmore on Chapter II of the Australian Constitution; Bret Walker SC and David Hume on broadly framed powers; Kristina Stern SC and Matthew Sherman on review of findings of fact; and Tim Game SC and Julia Roy on unifying principles in administrative law.

Like the 2014 collection, Key Issues in Judicial Review, this work is designed to fill a gap in the libraries not merely of judges and practitioners but also of academics and students of public law.

Table of Contents

Foreword by the Hon Justice Chris Maxwell AC, President, Court of Appeal, Victoria
About the Contributors
Table of Cases
Table of Statutes

1.   Deference
The Hon Stephen Gageler AC

2.   Values in Public Law
The Hon James Allsop AO

3.   Judicial Legitimacy and the Limits of Review
The Hon Virginia Bell AC

4.   New Tricks for Old Dogs: The Limits of Judicial Review of Integrity Bodies
The Hon TF Bathurst AC

5.   Appellate Advocacy
David F Jackson QC

6.   Statutory Construction: A Method
Neil Williams SC, Chloe Burnett and Surya Palaniappan

7.   Constitutional Aspects of Commonwealth and State Application Laws (with special attention to ss 79 and 80 of the Judiciary Act 1903 (Cth))
The Hon Mark Leeming

8.   Chapter II of the Constitution
Justin Gleeson SC and Anna Mitchelmore

9.   Broadly Framed Powers and the Constitution
Bret Walker SC and David Hume

10.  The Boundaries Between Fact and Law in Administrative Review
Kristina Stern SC and Matt Sherman

11.  Unifying Principles in Administrative and Criminal Law
Tim Game SC and Julia Roy


Of interest...