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Great Australian Dissents
About this book
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.
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Yes, you can access Great Australian Dissents by Andrew Lynch in PDF and/or ePUB format, as well as other popular books in Law & Public Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Half title
- Title
- Copyright
- Contents
- List of Contributors
- List of Figure
- List of Table
- Acknowledgments
- Table of Cases
- 1 Introduction – What Makes a Dissent ‘Great’?
- 2 Justice Barton and the Demise of the Inter-State Commission in the Wheat Case (1915)
- 3 Unrequited but Still Great – The Dissent of Justices Dixon and Evatt in R v Federal Court of Bankruptcy; Ex parte Lowenstein (1938)
- 4 Justice Evatt and the Lost Child in Chester v Waverley Corporation (1939)
- 5 Uther’s Case (1947): Justice Dixon and the Troubled Legacy of the Commonwealth Immunity Doctrine
- 6 'Lone, vehement and incredulous': Chief Justice Latham in the Communist Party Case (1951)
- 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
- 8 The Trouble with Duress: The Dissent of Chief Justice Bray in R v Brown and Morley (1968)
- 9 The ‘Intelligence of a Future Day’: The Vindication of Justice Stephen’s Dissent in Henry v Boehm (1973)
- 10 Justice Mason in the Australian Assistance Plan Case (1975): Nationhood, Federalism and Commonwealth Executive Power
- 11 Justice Murphy's Dissent in Australian Conservation Foundation v Commonwealth (1980): The Birth of Public Interest Standing in Australia?
- 12 The Essence of a Fiduciary Relationship: Justice Mason’s Dissent in Hospital Products Ltd v United States Surgical Corporation (1984)
- 13 The Chamberlain Dissents (1984)
- 14 Treachery or Heroism? The Judgment of Justices Deane and Toohey in Leeth v Commonwealth (1992)
- 15 Justice Dawson's Steadfast Defence of the 'Very Essence of Political Discussion' in Langer v Commonwealth (1996)
- 16 Certainty, Co-existence and the Legacy of Mabo: Justice North in the Miriuwung-Gajerrong Native Title Case (2000)
- 17 When Liberty Divides: Judicial Cleavages and their Consequences in Al-Kateb v Godwin (2004)
- 18 He Who Would Not Be Muzzled: Justice Heydon`s Last Dissent in Monis v The Queen (2013)
- Index