The Federation Press

Law and Government in Australia

Essays in Honour of Enid Campbell

Overview

An unrivalled collection of scholars contribute to a book to explore how law and government may affect each other. The authors are all leaders in their field and have joined to honour one of Australia’s most distinguished legal scholars - Enid Campbell -who was recently awarded a Companion of the Order of Australia for her services to the law and legal scholarship. The contributors examine problems within their special field of expertise.

The constitutional law experts and their topics include:

  • George Winterton on the changing role of the Governor-General
  • Leslie Zines who examines one of the unresolved issues of intergovernmental immunities
  • HP Lee who explains the implications of the High Court’s most recent decisions on the implied freedom of political communication
  • Jeff Goldsworthy who considers the extent to which a government can bind its successor

The administrative law experts and their topics include:

  • Mark Aronson who asks whether the doctrine of nullity has a future in Australian law
  • Bruce Dyer who explains how the High Court has refashioned the ‘legitimate expectation’ and what that means for the requirements of natural justice
  • Dennis Pearce, a former Commonwealth Ombudsman, who examines the most important issues facing Ombudsmen today
  • Sir Anthony Mason who asks whether estoppel has a place in Australian public law.

The papers that cover other important legal issues relevant to government include:

  • Matthew Groves who details how the declining role of ministerial responsibility affects the operation of judicial review
  • Mike Taggart, New Zealand’s most eminent legal scholar, who explains the history of legislation used by Attorneys-General to have the most difficult people declared vexatious
  • Richard Garnett, who explains the choices faced by the Australian government in the future of conflict of laws

Enid Campbell examines the writings of the legendary American scholar Lon Fuller. She asks whether some government decision-making is just not suited to review by the courts.

Reviews

Grove has assembled a distinguished group of contributors. The diversity of topics covered reflects the richness of Professor Campbell’s own scholarship. I found it a personal pleasure to dip once again into the subject matter of each of the essays. I am confident others with find this distinguished collection equally rewarding. - Ernst Willheim, Melbourne University Law Review, Vol 30:1, 2006

Table of Contents

The Binding Effect of State Law on the Commonwealth
Leslie Zines

Manner and Form Revisited: Reflections on Marquet’s Case
Jeffrey Goldsworthy

The Evolving Role of the Australian Governor-General
George Winterton

The “Reasonably Appropriate and Adapted” Test and the Implied Freedom of Political Communication
H P Lee

Judicial Review and Ministerial Responsibility
Matthew Groves

The Jurisdiction of Australian Government Ombudsmen
Dennis Pearce

Nullity
Mark Aronson

The Place of Estoppel in Public Law
Sir Anthony Mason

Legitimate Expectations in Procedural Fairness after Lam
Bruce Dyer

Polycentricity in Administrative Decision-Making
Enid Campbell and Matthew Groves

Reform of Australian Jurisdiction and Judgments Law by International Treaty: The Lugarno Option
Richard Garnett

Controlling Persistently Vexatious Litigants
Michael Taggart and Jenny Klosser

Appendix: Publications of Enid Campbell
Index

Of interest...