The Federation Press

Heydon: Selected Speeches and Papers

Overview

This insightful, rewarding and highly readable volume is a generous selection of the best of Dyson Heydon's speeches and papers. Most have a legal theme, although the book is of broader interest. As the Hon Ian Callinan observes in his foreword, in these papers the author "combines the arts of the essayist, historian, orator, obituarist, reviewer, critic, teacher and advocate".

The Honourable J D Heydon AC QC was a Rhodes Scholar for New South Wales, elected Dean of the University of Sydney Law School (aged 34), practised as a barrister (including as Queen's Counsel after practising as a junior for a mere 8 years), before being appointed a Judge of Appeal and Justice of the High Court. He was the Commissioner of the Royal Commission into Trade Union Governance and Corruption in 2014-2015.

Table of Contents

Foreword by the Hon IDF Callinan
Introduction
Table of Cases
Table of Statutes

Part I: Lawyers

1. Address at the Fifteen Bobber of the Hon Justice WMC Gummow
2. Speech in Honour of JRF Lehane
3. Address to Bench and Bar Dinner
4. Outstanding Australian Judges
5. Speech in Honour of Simon and Jan Sheller
6. Address in Memory of Peter Graham Hely
7. Toast to the Hon Murray Gleeson
8. Address in Memory of John Basil Kearney
9. Speech in Honour of Lord Hoffmann
10. Address in Memory of Roderick Pitt Meagher
11. The Fortunate Life of Ninian Stephen
12. AWB Simpson’s “The Common Law and Legal Theory”
13. Tom Hughes

Part II: Outsiders and Dissenters

14. Chief Justice Gibbs: Defending the Rule of Law in a Federal System
15. The Public Life of John and Nancy Stone
16. Japanese War Crimes, Retroactive Laws and Mr Justice Pal
17. Catholic Resistance to German State Persecution: Lessons for Modern Australia
18. President De Gaulle was Wrong: The European Union, the United Kingdom and Australia

Part III: Judicial Technique

19. Judicial Activism and the Death of the Rule of Law
20. Limits to the Powers of Ultimate Appellate Courts
21. How far can Trial Courts and Intermediate Appellate Courts Develop the Law?
22. Varieties of Judicial Method in the Late 20th Century
23. Threats to Judicial Independence: The Enemy Within
24. The “Objective” Approach to Statutory Construction

Part IV: Constitutional Law

25. The Gaining and Losing of National Independence
26. One Small Point About Originalism
27. Theories of Constitutional Interpretation: A Taxonomy
28. What Do We Mean by the Rule of Law?
29. Sir Samuel Griffith and the Making of the Australian Constitution
30. Sir Samuel Griffith as Chief Justice of the High Court of Australia
31. Are Bills of Rights Necessary in Common Law Systems?

Part V: Evidence and Criminal Law

32. Common Experience, Judicial Notice and Opinion Evidence: Distinctions, Parallels, Overlaps and Contradictions
33. The Common Law of Evidence and Human Rights
34. The Origins of the Indian Evidence Act
35. The Influence of Sir James Fitzjames Stephen on the Law of Evidence
36. Reflections on James Fitzjames Stephen
37. Interactions Between the Common Law and Criminal Codes: Australia
38. Four Great Australian Legal Disasters
39. Is the Weight of Evidence Material to its Admissibility?

Part VI: Equity and Contracts

40. The Non-Fiduciary Duty of Directors to Exercise Care: A Study in Flawed Forensic Technique
41. Modern Fiduciary Liability: The Sick Man of Equity?
42. Comment on Lord Hoffmann’s “Interpretation of Contracts”
43. Comment on Lord Neuberger’s “The Remedial Constructive Trust–Fact or Fiction”

List of Speeches and Publications

Index

Of interest...