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The Brennan Legacy (Hardcover)
Loot Price: R2,787
Discovery Miles 27 870
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The Brennan Legacy (Hardcover)
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This book commemorates the achievements of Sir Gerard Brennan AC
KBE in the field of administrative justice. Through the eyes of
judicial colleagues (Sir Anthony Mason, former Justice Davies,
Justice Wilcox, Justice Balmford)), practitioners (Stephen Gageler
SC), a former associate (Associate Professor Gerard Carney) and an
eminent public lawyer (Stephen Skehill), we develop a picture of
this key figure in Australian legal history. Sir Gerard's own voice
is heard on the limits of the court's role in an era of
corporatisation and lamenting its removal on politically sensitive
issues such as migration. Through the three themes of the work -
judicial review, human rights (including the impact of
international law) and administrative tribunals - we view a man who
adhered strictly to principled reasoning, consistency and
constitutional propriety, a man who impressed on administrative law
the standards, integrity and high standing which marked his
judicial career. Sir Gerard is a man of principle and of
compassion, sensitive to constitutional boundaries, a champion of
individual rights, a guardian of judicial integrity and a
principled common lawyer. It was to this figure that the
stewardship of some of Australia's key administrative law
institutions, particularly the Commonwealth's Administrative
Appeals Tribunal, was entrusted. It was his wise initial captaincy
which set that institution apart, preserved it from a hostile
public sector, and ensured that the concept of a merit review
tribunal with wide jurisdiction has been or is being copied in most
Australian States and Territories. Sir Gerard's contribution did
not end there. His understanding of the need for respect between
and tolerance of each arm of government, especially between the
executive and the courts, progressed with him to the Federal Court
and ultimately the High Court of Australia, where he was Chief
Justice from 1995-1998. At each level he produced outstanding and
insightful judgments tempered by those personal qualities, and
enriched by his deep understanding of law and government.
General
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