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Law and Government in Australia

Law and Government in Australia

Essays in Honour of Enid Campbell

Edited by Matthew Groves

CONTENTSREVIEWS

An unrivalled collection of scholars contribute to a book to explore how law and government may affect each other. The authors are all leaders in their field and have joined to honour one of Australia’s most distinguished legal scholars - Enid Campbell -who was recently awarded a Companion of the Order of Australia for her services to the law and legal scholarship. The contributors examine problems within their special field of expertise.

The constitutional law experts and their topics include:
  • George Winterton on the changing role of the Governor-General
  • Leslie Zines who examines one of the unresolved issues of intergovernmental immunities
  • HP Lee who explains the implications of the High Court’s most recent decisions on the implied freedom of political communication
  • Jeff Goldsworthy who considers the extent to which a government can bind its successor
The administrative law experts and their topics include:
  • Mark Aronson who asks whether the doctrine of nullity has a future in Australian law
  • Bruce Dyer who explains how the High Court has refashioned the ‘legitimate expectation’ and what that means for the requirements of natural justice
  • Dennis Pearce, a former Commonwealth Ombudsman, who examines the most important issues facing Ombudsmen today
  • Sir Anthony Mason who asks whether estoppel has a place in Australian public law.
The papers that cover other important legal issues relevant to government include:
  • Matthew Groves who details how the declining role of ministerial responsibility affects the operation of judicial review
  • Mike Taggart, New Zealand’s most eminent legal scholar, who explains the history of legislation used by Attorneys-General to have the most difficult people declared vexatious
  • Richard Garnett, who explains the choices faced by the Australian government in the future of conflict of laws
  • Enid Campbell examines the writings of the legendary American scholar Lon Fuller. She asks whether some government decision-making is just not suited to review by the courts.


    CONTENTS

    The Binding Effect of State Law on the Commonwealth
    Leslie Zines
    Manner and Form Revisited: Reflections on Marquet’s Case
    Jeffrey Goldsworthy
    The Evolving Role of the Australian Governor-General
    George Winterton
    The “Reasonably Appropriate and Adapted” Test and the Implied Freedom of Political Communication
    H P Lee
    Judicial Review and Ministerial Responsibility
    Matthew Groves
    The Jurisdiction of Australian Government Ombudsmen
    Dennis Pearce
    Nullity
    Mark Aronson
    The Place of Estoppel in Public Law
    Sir Anthony Mason
    Legitimate Expectations in Procedural Fairness after Lam
    Bruce Dyer
    Polycentricity in Administrative Decision-Making
    Enid Campbell and Matthew Groves
    Reform of Australian Jurisdiction and Judgments Law by International Treaty: The Lugarno Option
    Richard Garnett
    Controlling Persistently Vexatious Litigants
    Michael Taggart and Jenny Klosser
    Appendix: Publications of Enid Campbell
    Index

    REVIEWS

    Grove has assembled a distinguished group of contributors. The diversity of topics covered reflects the richness of Professor Campbell’s own scholarship. I found it a personal pleasure to dip once again into the subject matter of each of the essays. I am confident others with find this distinguished collection equally rewarding.

    Ernst Willheim, Melbourne University Law Review, Vol 30:1, 2006

       

    Published 24 August 2005
    Publisher The Federation Press
    Hardback/350pp
    ISBN 9781862875883
    Australian RRP $99.00
    International Price $90.00
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    Law - Administrative
    Law - Constitutional
    Government / Political Studies


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