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Borderlines in Private Law

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Key Issues in Public Law

Edited by: Neil Williams

ISBN13: 9781760021580
Published: January 2018
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £95.00



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This collection of papers by some of Australia’s leading judges and practitioners focuses on issues that have received insufficient attention in the published literature. It begins with three Spigelman Orations, delivered to the Public Law Section of the NSW Bar: Justice Stephen Gageler on deference, Chief Justice James Allsop on values in public law, and Justice Virginia Bell on judicial legitimacy and the limits of review. Papers on lawyerly skills then follow: David Jackson QC, one of the finest appellate advocates of our generation, on appellate advocacy; and Neil Williams SC, Chloe Burnett and Surya Palaniappan on statutory construction. The final section is a collection of papers on critical but much neglected subjects: Justice Mark Leeming on constitutional aspects of Commonwealth and State application laws; Justin Gleeson SC and Anna Mitchelmore on Chapter II of the Australian Constitution; Bret Walker SC and David Hume on broadly framed powers; Kristina Stern SC and Matthew Sherman on review of findings of fact; and Tim Game SC and Julia Roy on unifying principles in administrative law.

Like the 2014 collection, Key Issues in Judicial Review, this work is designed to fill a gap in the libraries not merely of judges and practitioners but also of academics and students of public law.

Subjects:
Other Jurisdictions , Australia
Contents:
Foreword by The Hon Justice Chris Maxwell AC, President, Court of Appeal, Victoria
1.   Deference
Stephen Gageler
2.   Values in Public Law
Chief Justice Allsop
3.   Judicial Legitimacy and the Limits of Review
Virginia Bell AC
4.   New Tricks for Old Dogs: The Limits of Judicial Review of Integrity Bodies
The Hon TF Bathurst AC
5.   Appellate Advocacy
David F Jackson QC
6.   Statutory Construction: A Method
Neil Williams SC, Chloe Burnett and Surya Palaniappan
7.   The Constitutional Aspects of Commonwealth and State Application Laws
Mark Leeming
8.  
Chapter II of the Constitution
Justin Gleeson SC and Anna Mitchelmore
9.   Broadly Framed Powers and the Constitution
Bret Walker SC and David Hume
10.  The Boundaries between Fact and Law in Administrative Review
Kristina Stern SC and Matthew Sherman
11.  Unifying Principles in Administrative and Criminal Law
Tim Game SC and Julia Roy