The Federation Press

Courts of Final Jurisdiction

The Mason Court in Australia

Overview

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.

Table of Contents

Prologue

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
Citizenship
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

Interlude

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

Epilogue

Looking to the Future
Sir Gerard Brennan

Table of Cases/ Table of Statutes/ Index

Of interest...