Great Australian dissents / edited by Andrew Lynch.

Format:

Book

Contributor:

Lynch, Andrew, 1973- editor.

Language:

English

Subjects (All):

Dissenting opinions--Australia.

Dissenting opinions.

Australia.

Physical Description:

1 online resource (xxvi, 366 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2016.

System Details:

text file

PDF

Summary:

When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.

Contents:

1. Introduction: What makes a dissent 'Great'? / Andrew Lynch

2. Justice Barton and the demise of the Inter-State Commission in the Wheat Case (1915) / Oscar Roos

3. Unrequited but still great: the dissent of Justices Dixon and Evatt in R v Federal Court of Bankruptcy; Ex parte Lowenstein (1938) / Andrew Lynch

4. Justice Evatt and the lost child in Chester v Waverley Corporeation (1939) / Barbara McDonald

5. Uther's Case (1947): Justice Dixon and the troubled legacy of the Commonwealth Immunity Doctrine / Stephen McDonald and Anne Carter

6. 'Lone, vehement and incredulous': Chief Justice Latham in the Communist Party Case (1951) / George Williams

7. Public prosecutor v Oie Hee Koi (1968): not so humbly advising? Sir Garfield Barwick and the introduction of dissenting reasons to the Judicial Committee of the Privy Council / Oliver Jones

8. The trouble with duress: the dissent of Chief Justice Bray in R v Brown and Morley (1968) / Joe McIntyre

9. The 'Intelligence of a future day': the vindication of Justice Stephen's dissent in Henry v Boehm (1973) / Michael Coper

10. Justice Mason in the Australian Assistance Plan Case (1975): nationhood, federalism and commonwealth executive power / Peta Stephenson

11. Justice Murphy's dissent in Australian Conservation Foundation v Commonwealth (1980): the birth of public interest standing in Australia? / Matthew Groves

12. The essence of a fiduciary relationship: Justice Mason's dissent in Hospital Products Ltd v United States Surgical Corporation (1984) / Simone Degeling and Greg Weeks

13. The Chamberlain dissents (1984) / Jeremy Gans

14. Treachery or heroism? the judgment of Justices Deane and Toohey in Leeth v Commonwealth (1992) / Amelia Simpson

15. Justice Dawson's steadfast defence of the 'Very Essence of Political Discussion' in Langer v Commonwealth (1996) / Adrienne Stone and Kristen Walker QC

16. Certainty, Co-existence and the legacy of Mabo: Justice North in the Miriuwung-Gajerroug Native title case (2000) / Sean Brennan

17. When liberty divides: judical cleavages and their consequences in Al-Katheb v Godwin (2004) / A J Brown

18. He who would not be muzzled: Justice Heydon's last dissent in Monis v The Queen (2013) / Gabrielle Appleby and Heather Roberts.

Notes:

Title from publisher's bibliographic system (viewed on 27 Oct 2016).

Other Format:

Print version:

ISBN:

9781316665824

Access Restriction:

Restricted for use by site license.