Heydon : selected speeches and papers / by The Honourable J D Heydon AC QC, Edited by John Sackar and Thomas Prince.

Leichhardt, N.S.W. : The Federation Press, 2018

1st edition

88494

Law -- Australia.

Part I: Lawyers

1. Address at the fifteen bobber of the Hon Justice WMC Gummow

2. Speech in honour of JRF Lehane

3. Address to bench and bar dinner

4. Outstanding Australian judges

5. Speech in honour of Simon and Jan Sheller

6. Address in memory of Peter Graham Hely

7. Toast to the Hon Murray Gleeson

8. Address in memory of John Basil Kearney

9. Speech in honour of Lord Hoffmann

10. Address in memory of Roderick Pitt Meagher

11. The fortunate life of Ninian Stephen

12. AWB Simpson's 'The common law and legal theory'

13. Tom Hughes

Part II: Outsiders and dissenters

14. Chief Justice Gibbs: defending the rule of law in a Federal System

15. The public life of John and Nancy Stone

16. Japanese war crimes, retroactive laws and Mr Justice Pal

17. Catholic resistance to German state persecution: lessons for modern Australia

18. President De Gaulle was wrong: the European Union, the United Kingdom and Australia

Part III: Judicial technique

19. Judicial activism and the death of the rule of law

20. Limits to the powers of ultimate Appellate Courts

21. How far can Trial Courts and Intermediate Appellate Courts develop the law?

22. Varieties of Judicial method in the late 20th Century

23. Threats to Judicial independence: the enemy within

24. The 'objective' approach to statutory construction

Part IV: Constitutional law

25. The gaining and losing of National independence

26. One small point about originalism

27. Theories of Constitutional interpretation: a taxonomy

28. What do we mean by the rule of law?

29. Sir Samuel Griffith and the making of the Australian Constitution

30. Sir Samuel Griffith as Chief Justice of the High Court of Australia

31. Are Bills of Rights necessary in Common Law systems?

Part V: Evidence and criminal law

32. Common experience, Judicial notice and opinion evidence: distinctions, parallels, overlaps and contradictions --33. The Common Law of evidence and human rights

34. The origins of the Indian Evidence Act

35. The influence of Sir James Fitzjames Stephen on the Law of Evidence

36. Reflections on James Fitzjames Stephen

37. Interactions between the Common Law and Criminal Codes: Australia

38. Four great Australian legal disasters

39. Is the weight of evidence material to its admissibility?

Part VI: Equity and contracts

40. The non-fiduciary duty of directors to exercise care: a study in flawed forensic technique

41. Modern fiduciary liability: the sick man of equity?

42. Comment on Lord Hoffmann's 'interpretation of contracts'

43. Comment on Lord Neuberger's 'the remedial constructive trust - fact or fiction'.

This insightful, rewarding and highly readable volume is a generous selection of the best of Dyson Heydon's speeches and papers. Most have a legal theme, although the book is of broader interest. As Ian Callinan observes in his preface, in these papers the author "combines the arts of the essayist, historian, orator, obituarist, reviewer, critic, teacher and advocate". The Honourable J D Heydon AC QC was a Rhodes Scholar for New South Wales, elected Dean of the University of Sydney Law School (aged 34), practised as a barrister (including as Queen's Counsel after practising as a junior for a mere 8 years), before being appointed a Judge of Appeal and Justice of the High Court. He was the Commissioner of the Royal Commission into Trade Union Governance and Corruption in 2014-2015. - Publisher's website.

Includes bibliographical references and index.

9781760021764

xxxii, 763 pages ; 25 cm