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Full-Text Articles in Law
Fare Well, Justice Kirby, Elisa Arcioni
Fare Well, Justice Kirby, Elisa Arcioni
Faculty of Law - Papers (Archive)
Who can believe it? ‘The great dissenter’, the judge with a Facebook site dedicated to him,1 the person known affectionately to his associates as ‘our Judge’, Justice Michael Kirby has reached the end of his federal judicial tenure. Justice Kirby has turned 70 and, as required by section 72 of the Constitution, must leave his office in the High Court of Australia. Analysis of the Judge’s jurisprudential influence will flow soon enough. This piece is instead a reflection on the experiences of his associates to provide some different insights, such as into the workings of his High Court chambers. Those …
The Criminal Justice System And The Rule Of Law, Donna Spears
The Criminal Justice System And The Rule Of Law, Donna Spears
Faculty of Law - Papers (Archive)
In everyday use, the rule of law is often equated with law and order - the idea that people should obey the law. However, as Bottomley and Parker observe, while law and order might be an aspect of some conceptions of the rule of law, it is not really at the heart of it.' They suggest that the rule of law is valued because it is thought to curb the power of government, protect the rights and liberties of citizens and promote personal autonomy, in that individuals can predict the circumstances in which government will interfere with their lives.
Litigation Privilege: Transient Or Timeless? Blank V Canada (Minister Of Justice), James Goudkamp
Litigation Privilege: Transient Or Timeless? Blank V Canada (Minister Of Justice), James Goudkamp
Faculty of Law - Papers (Archive)
Litigation privilege has become unfashionable. It is under attack on multiple fronts throughout the common law world! In the United Kingdom, perhaps the most notable inroad on the privilege is that made by the House of Lords in Re L (A Minor) (Police Investigation: Privilege).2 In that case it was held that the privilege is an incident of adversarial proceedings and that, consequently, it did not obtain in respect of material generated for the purposes of proceedings that were not predominantly adversarial in nature. There are signs that more radical restrictions are to come. In Three Rivers District Council v …