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Australia: Devotion to Legalism

Jeffrey Goldsworthy

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0004
Subject:
Law, Comparative Law

The Commonwealth of Australia is a federation of six states, whose constitution was enacted by the United Kingdom Parliament in 1900, when Australia was part of the British Empire. The six states had ... More


Judicial Salaries from the 1940s to the 1980s

Robert Stevens

in The Independence of the Judiciary: The View from the Lord Chancellor's Office

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198262633
eISBN:
9780191682377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262633.003.0008
Subject:
Law, Constitutional and Administrative Law

The issue of judicial salaries, especially before the passage of the Administration of Justice Act, 1973 — which provided an extra-parliamentary method of raising High Court salaries — highlighted ... More


The Family Justice Process 1900–1970

Stephen Cretney

in Family Law in the Twentieth Century: A History

Published in print:
2005
Published Online:
February 2010
ISBN:
9780199280919
eISBN:
9780191713170
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280919.003.0008
Subject:
Law, Family Law, Legal History

The decision to grant a divorce was regarded as so important that only the High Court had the power to do so. But while this not only made the process very expensive, increasing demand (especially in ... More


The Pathak Court (1986–9)

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0018
Subject:
Law, Legal History

This chapter describes the Pathak Court of 1986–9. Twenty-four years after becoming a judge of the Allahabad High Court and after nearly nine years of experience on the SCI, the government announced ... More


Arrival on the High Court

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0029
Subject:
Law, Legal History

This chapter describes the judges’ arrival to the high court. Appointment to the high court came at an average age of 46.4. There was some variation among the high courts concerning the age for ... More


Robert Edgar Megarry 1910–2006

Stephen Cretney

in Proceedings of the British Academy, Volume 153 Biographical Memoirs of Fellows, VII

Published in print:
2008
Published Online:
January 2012
ISBN:
9780197264348
eISBN:
9780191734250
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264348.003.0013
Subject:
History, Historiography

Robert Edgar Megarry (1910–2006), a Fellow of the British Academy, had a career in the law unmatched in its distinction, breadth, and diversity. He not only achieved an outstanding reputation as a ... More


Powers of the Court in the Malaysian Arbitration Act

Azirah Hashim

in Legal Discourse across Cultures and Systems

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098510
eISBN:
9789882207141
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098510.003.0008
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter examines the general powers of the High Court in the Malaysian Arbitration Act to ascertain similarities and differences that exist between the UNCITRAL Model Law of 1985 and the ... More


The Value of Clarity

Murray Gleeson

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0007
Subject:
Law, Legal History

This chapter offers some reflections, from an Australian perspective, on the importance which English commercial law places upon certainty and predictability, and it relates it to some recent ... More


The Sinha Court (1959–64)

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0006
Subject:
Law, Legal History

This chapter describes the Sinha Court of 1959–64. P.B. Sinha became CJI on 1 October 1959. In personnel terms, the Sinha years were the most stable the SCI has ever experienced. He had nothing to do ... More


States of Birth

George H. Gadbois, Jr

in Judges of the Supreme Court of India: 1950 - 1989

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198070610
eISBN:
9780199080755
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198070610.003.0023
Subject:
Law, Legal History

This chapter examines the states of birth of the judges. The ninety-three judges were born in sixteen of the twenty-five states which existed in the 1980s. Uttar Pradesh and Maharashtra are ... More


Seniority

Abhinav Chandrachud

in The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198098560
eISBN:
9780199082971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098560.003.0004
Subject:
Law, Legal History

This chapter discusses the ‘seniority’ criterion in appointing judges to the Supreme Court of India. It is demonstrated that only ‘senior’ High Court judges (and increasingly, only High Court Chief ... More


Jews in the Judiciary, 1945‒1990

John Cooper

in Pride Versus Prejudice: Jewish Doctors and Lawyers in England, 1890-1990

Published in print:
2003
Published Online:
February 2021
ISBN:
9781874774877
eISBN:
9781800340053
Item type:
chapter
Publisher:
Liverpool University Press
DOI:
10.3828/liverpool/9781874774877.003.0016
Subject:
Religion, Judaism

This chapter examines Jews in the English judiciary from 1945 to 1990. Until the late 1960s, no Jew could become a High Court judge unless he belonged to the Anglo-Jewish elite, which differed little ... More


The Legal Framework: Disputing in, over, and outside Courts

Nathan J. Brown

in Palestinian Politics after the Oslo Accords: Resuming Arab Palestine

Published in print:
2003
Published Online:
March 2012
ISBN:
9780520237629
eISBN:
9780520937789
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520237629.003.0002
Subject:
History, Middle East History

Palestinian officials initiated an impracticable situation and only made it worse for those constrained by diplomatic concerns, and who have kept the sharpest of judgments. The current Palestinian ... More


At the Calcutta High Court

Suparna Gooptu

in Cornelia Sorabji: India's Pioneering Woman Lawyer

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678345
eISBN:
9780199080380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678345.003.0006
Subject:
Literature, Women's Literature

This chapter begins by considering Cornelia Sorabji as she fights male bias in the legal profession. She became a victim of the reluctance of the Calcutta Bar to enlarge its membership, though in ... More


The Commonwealth of Australia: Umpiring without a Bill of Rights

Steven Gow Calabresi

in The History and Growth of Judicial Review, Volume 1: The G-20 Common Law Countries and Israel

Published in print:
2021
Published Online:
May 2021
ISBN:
9780190075774
eISBN:
9780190075804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190075774.003.0007
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter traces the development of judicial review in Australia, which was modeled on the U.S. system of judicial review. Australian judicial review evolved out of a need for an umpiring body in ... More


New Horizons?

Christine Kelly

in Juvenile Justice in Victorian Scotland

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474427340
eISBN:
9781474476508
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474427340.003.0005
Subject:
Society and Culture, Scottish Studies

The fourth chapter places the focus on the period 1884-1910, analysing the situation in Scotland at the turn of the century; by this time the statutory system had evolved into a net-widening ... More


Torture

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0007
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Defining limits of coercive interrogation is put to the test when an interrogator is sitting across from someone who is not cooperating and the interrogator knows is in possession of information ... More


The Judiciary in Decline: The System's Prestige at its Lowest Since Inception 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0068
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the reasons for the decline in the prestige of the judiciary since the introduction of the present system of judicial administration by the British. One of the big factors ... More


‘Boys Will Be Boys’: The Child Defendant and the Objective Standard

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0003
Subject:
Law, Philosophy of Law

The problem of how to judge individuals with cognitive or intellectual shortcomings illustrates one aspect of the ‘trouble’ with the reasonable person and thus raises a series of questions implicated ... More


. Australia II: Westminster to Canberra

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter begins with the Australian debates surrounding adoption of the Statute of Westminster, notably in the contributions by Owen Dixon. The Imperial Theory approach in Australia is ... More


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