THE CAMPAIGN AGAINST the COURTS A History of the Judicial Activism Debate Tanya Josev The term‘judicial activism’is seemingly ubiquitous in Australia and the United States today. Prominent public figures, from politicians to cardinals, commentators to business executives, have used this terminology to condemn superior courts and certain judicial outcomes. In Australia, High Court decisions on matters such as native title, property law and the interpretation of Australian history; constitutional rights; the law of negligence; and migration law have been attacked in some quarters as being ‘undemocratic’ and ‘activist’, and as exemplifying the growing elitism of higher court judges. In the United States, decisions relating to reproductive rights; gun laws; school prayer; racial segregation and the interpretation of American history have also been criticised on this basis. Yet as the judicial activism critique is increasingly adopted by the popular media, many lawyers and judges are hesitant to engage with the terminology, seeing it as nothing more than an empty pejorative. This book provides a history of the term ‘judicial activism’, from its inception in the United States in the 1940s, to its nursery years in the universities, and finally, to its more recent manifestation in both Australia and the United States as part of election campaigns and the politics of anti-elitism. It covers diverse topics such as constitutional scholarship, the ‘history wars’ in Australia, and United States Presidential campaigns. June 2017 • ISBN 9781760021436 • PB • c.256pp • rrp $49.95 CRITICAL PERSPECTIVES on the UNIFORM EVIDENCE LAW Andrew Roberts and Jeremy Gans (eds) Critical Perspectives on the Uniform Evidence Law comprises a collection of writing by the leading academics and practitioners in the field. It provides sustained critical analysis of a range of issues, including the implications of adoption of the legislation in overseas jurisdictions and the obstacles to enactment in the ‘hold-out’ States of South Australia, Queensland and Western Australia. The contributions explore the UEL’s relationship with the common law and provide critical analysis of the operation of the law in relation to: assessment of probative value; tendency and coincidence reasoning; the admissibility of complaint evidence in sexual offence trials; judicial warnings in respect of unreliable evidence; establishing the expertise of those providing expert opinion evidence; admissions and confessions; and identification evidence. The book also provides comparative analysis of the UEL’s credibility provisions and its approach to the admissibility of improperly obtained evidence. Contributors: John Anderson, Andrew L-T Choo, Annie Cossins, GaryEdmond,JeremyGans(ed),JaneGoodman-Delahunty,David Hamer, Andrew Hemming, Miiko Kumar, Kristy Martire, Elisabeth McDonald, Stephen Odgers, Andrew Roberts (ed), Mehera San Roque, Justice Mark Weinberg. May 2017 • ISBN 9781760021368 • HB • 288pp • rrp $165.00 AUSTRALIAN CHARTERS of RIGHTS a DECADE ON Matthew Groves and Colin Campbell (eds) This book examines the ACT Human Rights Act (2004) and the Victorian Charter of Human Rights and Responsibilities Act (2006). These two statutes are closely modelled on international bills and charters of rights but Australia’s unique legal framework makes them quite distinct.This book examines how these two“Australian Charters” have operated in their first decade. It explains their strengths and limits, and what lessons they can provide for other Australian jurisdictions. The first part of the book explains the architecture of the two Australian Charters. What makes them distinct? What is their scope? How do they operate? The second part examines how the Australian Charters have been used by particular groups in society, such as prisoners, people with disability and women. Others show how the Charters have affected important social issues, such as freedom of expression and religious observance. The authors are a wide range of judges, practitioners and leading scholars. They bring a knowledge of the theory and practice of workings of the Australian Charters that is essential to everyone concerned with our rights. Contributors: Nicholas Aroney, Paul Babie, Janina Boughey, Colin Campbell (ed), Jeremy Gans, Matthew Groves (ed), Joel Harrison, Rosemary Kayess, Penelope Mathew, Justice Mark Moshinsky, Emrys Nekvapil, Moira Paterson, Ronli Sifris, Belinda Smith and George Williams. June 2017 • ISBN 9781760021375 • HB • 256pp • rrp $165.00 New and Forthcoming Titles www.federationpress.com.au T H E F E D E R AT I O N P R E S S Pricing All recommended retail prices in Australian dollars. All prices are subject to change without notice. Orders Orders may be placed online via our secure website: www.federationpress.com.au or by phone, fax, mail or email. We welcome all enquiries. WINTER EDITION 2017 NEW NEW NEW A controversial topic in law-making today