| Description |
xvii, 293 pages : 1 portrait ; 25 cm |
| Contents |
1. Lionel Murphy and the Concept of the Australian Nation / Leslie Zines; Commentary: David Bennett -- 2. Lionel Murphy and Section 90 of the Australian Economic Constitution / Deborah Z Cass; Commentary: Chris Caleo -- 3. Lionel Murphy and Democracy and Rights / George Williams; Commentary: Michael Coper -- 4. Lionel Murphy and the Criminal Law / David Brown; Commentary: Simon Bronitt; Terry Buddin -- 5. Lionel Murphy and Indigenous Australians / Jennifer Clarke -- 6. Lionel Murphy and Gender Issues / Jocelynne A Scutt; Commentary: Rosemary Owens -- 7. Lionel Murphy and Judicial Method / Tony Blackshield; Commentary: Jeffrey Goldsworthy -- 8. Lionel Murphy's Legacy / Michael Kirby |
| Summary |
Lionel Murphy died on 21 October 1986, just one hour after the Australian High Court handed down its decision in the two last cases in which he had participated. In one of those cases, he vigorously restated his iconoclastic views on section 92 of the Constitution and implied constitutional freedoms. Within 18 months, the High Court had abandoned its prevailing view of section 92 and has subsequently embraced a range of implied constitutional freedoms. The Court has also been activist over the last decade in reshaping many aspects of both public and private law. Was Lionel Murphy influential in these developments? Or did he merely anticipate them? Or is neither of those propositions true? If he was either influential or prescient, has his contribution been appropriately acknowledged? This book is a collection of scholarly papers and commentaries which range over Justice Murphy's forays into the Constitution, his approach to the common law, and his concept of and attitude to judicial method. In dealing with their chosen topics the authors and commentators present some fascinating perspectives on Lionel Murphy's degree of influence in the decade since his death |
| Analysis |
Aborigines |
|
Biography |
|
Cases (Law) |
|
Constitution |
|
Criminal law |
|
Federal issue |
|
High Court judgements |
|
Human rights |
|
Judicial activism |
|
Murphy, Justice Lionel |
| Notes |
Includes index |
| Bibliography |
Includes bibliographical references and index |
| Subject |
Murphy, Lionel, 1922- -- Political and social views.
|
|
Australia. High Court.
|
|
Judges -- Australia -- Biography.
|
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Judges -- Political activity -- Australia.
|
| SUBJECT |
Australia -- Politics and government http://id.loc.gov/authorities/subjects/sh85009597 -- 20th century. http://id.loc.gov/authorities/subjects/sh2002012476
|
|
Australia -- Politics and government. http://id.loc.gov/authorities/subjects/sh85009597
|
| Genre/Form |
Biographies.
|
| Author |
Coper, Michael, editor
|
|
Williams, George, 1969- editor
|
| ISBN |
9781862872622 |
|
