| Description |
xxii, 374 pages ; 25 cm |
| Contents |
Foreword / by the Hon James Spigelman AC -- Preface -- Table of Cases -- Table of Statutes -- 1. Core value -- 2. Advocacy -- 3. Judicial perspective on cross-examination -- 4. Advocacy and judging -- 5. Judging the judges -- 6. Judicial selection and training: two sides of the one coin -- 7. Changing judiciary -- 8. Out of touch or out of reach? -- 9. Judicial method: essentials and inessentials -- 10. Who do judges think they are? -- 11. Judicial legitimacy -- 12. Australia's contribution to the common law -- 13. Constitutional decisions of the founding fathers -- 14. Centenary of the High Court: lessons from history -- 15. Privy Council - an Australian perspective -- 16. Birth, life and death of section 74 -- 17. Legality - spirit and principle -- 18. Legal oil and political vinegar -- 19. Magna Carta - history and myth -- 20. Courts and the rule of law -- 21. Individualised justice - the holy grail -- 22. Future of civil justice - adjudication or dispute resolution? -- 23. Purpose of litigation -- 24. Legal interpretation - the bounds of legitimacy -- 25. Donoghue v Stevenson -- 26. Presuming innocence -- 27. Objectivity of contractual interpretation -- 28. Finality -- 29. Suing governments -- 30. Transnational litigation - forensic pathologies -- 31. Evidence in international commercial arbitrations: some issues -- 32. Some legal scenery -- 33. Law and contextual change -- Index |
| Summary |
"This volume of speeches by Murray Gleeson, who served as Chief Justice of New South Wales, then of Australia, for two decades, is, as James Spigelman has put it in his foreword, “a testament to judicial leadership”. While his judgments are his most enduring and primary contribution to the law, in hundreds of occasional speeches he explained the role and importance of the rule of law, and of the institutions through which it is maintained. Although Murray Gleeson is known as a judge, he is also one of our great legal writers. The selected papers are models of elegant expression, clarity of thought, deep contemplation and scholarship. They cover several broad themes: the rule of law, advocacy, judging, legal history, the judiciary as an arm of government, the application of legal principle, and international commercial arbitration. As James Spigelman acutely observes, Murray Gleeson's patient and seemingly tireless effort in explaining the significance of the rule of law and legal institutions is “a critical aspect of judicial leadership. That is particularly so in an era, such as the period covered herein, when institutions are being attacked and, even, subverted”. These speeches are part of the legacy that Murray Gleeson has bequeathed to his successors in the law and to the Australian community."--Publisher's website |
| Analysis |
Australian |
| Notes |
"This volume of speeches by Murray Gleeson, who served as Chief Justice of New South Wales, then of Australia, for two decades, is, as James Spigelman has put it in his foreword, “a testament to judicial leadership”. While his judgments are his most enduring and primary contribution to the law, in hundreds of occasional speeches he explained the role and importance of the rule of law, and of the institutions through which it is maintained. Although Murray Gleeson is known as a judge, he is also one of our great legal writers. The selected papers are models of elegant expression, clarity of thought, deep contemplation and scholarship. They cover several broad themes: the rule of law, advocacy, judging, legal history, the judiciary as an arm of government, the application of legal principle, and international commercial arbitration. As James Spigelman acutely observes, Murray Gleeson's patient and seemingly tireless effort in explaining the significance of the rule of law and legal institutions is “a critical aspect of judicial leadership. That is particularly so in an era, such as the period covered herein, when institutions are being attacked and, even, subverted”. These speeches are part of the legacy that Murray Gleeson has bequeathed to his successors in the law and to the Australian community |
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Includes index |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Gleeson, Murray, 1938-
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Australia. High Court -- Officials and employees.
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Anthologies.
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Judges -- Australia.
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Judicial process -- Australia.
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Speeches, addresses, etc.
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| Author |
Dillon, Hugh, editor
|
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Spigelman, James, 1946- writer of foreword
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| ISBN |
9781760021474 (hardback) |
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