This collection of papers by some of Australia’s leading judges and practitioners focuses on issues that have received insufficient attention in the published literature. It begins with four Spigelman Orations, delivered to the Public Law Section of the NSW Bar: Justice Stephen Gageler on deference, Chief Justice James Allsop on values in public law, Justice Virginia Bell on judicial legitimacy and the limits of review, and Chief Justice Bathurst on the limits of judicial review of integrity bodies. Papers on lawyerly skills then follow: David Jackson QC, one of the finest appellate advocates of our generation, on appellate advocacy; and Neil Williams SC, Chloe Burnett and Surya Palaniappan on statutory construction. The final section is a collection of papers on critical but much neglected subjects: Justice Mark Leeming on constitutional aspects of Commonwealth and State application laws; Justin Gleeson SC and Anna Mitchelmore on Chapter II of the Australian Constitution; Bret Walker SC and David Hume on broadly framed powers; Kristina Stern SC and Matthew Sherman on review of findings of fact; and Tim Game SC and Julia Roy on unifying principles in administrative law.
Like the 2014 collection, Key Issues in Judicial Review, this work is designed to fill a gap in the libraries not merely of judges and practitioners but also of academics and students of public law.
Foreword by the Hon Justice Chris Maxwell AC, President, Court of Appeal, Victoria
Preface
About the Contributors
Table of Cases
Table of Statutes
1. Deference
The Hon Stephen Gageler AC
2. Values in Public Law
The Hon James Allsop AO
3. Judicial Legitimacy and the Limits of Review
The Hon Virginia Bell AC
4. New Tricks for Old Dogs: The Limits of Judicial Review of Integrity Bodies
The Hon TF Bathurst AC
5. Appellate Advocacy
David F Jackson QC
6. Statutory Construction: A Method
Neil Williams SC, Chloe Burnett and Surya Palaniappan
7. Constitutional Aspects of Commonwealth and State Application Laws (with special attention to ss 79 and 80 of the Judiciary Act 1903 (Cth))
The Hon Mark Leeming
8. Chapter II of the Constitution
Justin Gleeson SC and Anna Mitchelmore
9. Broadly Framed Powers and the Constitution
Bret Walker SC and David Hume
10. The Boundaries Between Fact and Law in Administrative Review
Kristina Stern SC and Matt Sherman
11. Unifying Principles in Administrative and Criminal Law
Tim Game SC and Julia Roy
Index
The papers in this collection are reflective and relatively diverse. They contain insights about the state of public law in Australia…
Isolde Daniell, Australian Law Journal, 2019, 93
“Key Issues in Public Law” collects eleven papers by judges and senior practitioners to the Public Law Section of the New South Wales Bar. Chief Justice Allsop’s paper identifies and elaborates on the purpose of public law: the distribution, exercise, and control of public power. That purpose gives rise to an enormous and diverse area of practice. The variety of topics addressed in this collection demonstrates that fact.
The collection is not intended to be comprehensive. Instead, each paper addresses a select topic deemed worthy of special treatment. Usefully, the collection combines papers on substantive areas of public law with papers from eminent practitioners on how best to carry out tasks we confront every day. For instance, there is a paper on the process and method of statutory interpretation. David F Jackson QC’s paper on preparing an appeal is worth the price of the book alone. Unreasonableness as a ground of review, and the boundaries between fact and law, are also dealt with in a way that will assist in daily practice. There is an interesting paper on judicial review of integrity bodies. The book may also be of interest to criminal law practitioners. It concludes with a paper by Tim Game SC and Julia Roy on unifying principles in administrative and criminal law.
“Key Issues in Public Law” is a useful reference book for both new and experienced practitioners.
Queensland Law Reporter – 16 February 2018 – [2018] 6 QLR
