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Kable V Director Of Public Prosecutions (NSW)
''Kable v DPP'',. is a decision of the High Court of Australia. It is a significant case in Australian constitutional law. The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the Judiciary, judicial role. It is particularly significant as one of the few restraints upon the otherwise plenary legislative powers of state parliaments in Australia, aside those imposed by the Commonwealth through Section 109 of the Constitution of Australia, section 109. The ''Kable'' decision is controversial among legal scholars. Facts Gregory Kable had been sentenced to five years imprisonment for the manslaughter of his wife. In gaol, Kable had sent threatening letters to the people who denied him access to his children. He was charged and sentenced to an additional 16 months for writing the letters in 1990. Four yea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monash University Law Review
The ''Monash University Law Review'' is a scholarly refereed law journal based at the Monash University Faculty of Law. The journal is managed by an editorial committee of Monash University students who are assisted by two faculty advisors. The editors for 2023 are Justin Fei, Arieh Herszberg, Isabelle Lim and Clement Wong. Editorial alumni Editorial alumni of the Monash University Law Review include judges of the Federal Court of Australia and the Supreme Court of Victoria, including the current Chief Justice of Victoria, as well as prominent academics, barristers, and legal practitioners. Past editors have been: * 2022: Esther Khor, David Lim, Thomas Mason, Rhys Moreno and Arman Riazati * 2021: Georgie Bian, Habiba Hussain, Brayden Poon and Catherine Zhou * 2020: Tamara Ernest, Vanessa Filipendin, Isaac Johanson-Blok, Lisa Mearns and Omer Samuni * 2019: Yueh-Shin Chen, Jacob Flynn, Lynette Ji, Carla Massaria and Luke Rycken * 2018: Andrew Belyea-Tate, Nicola Bird, Dafni Samun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Winterton
George Graham Winterton (15 December 1946 – 6 November 2008) was an Australian academic specialising in Australian constitutional law. Winterton taught for 28 years at the University of New South Wales before taking up an appointment of Professor of Constitutional Law at the University of Sydney in 2004. Winterton served as a member of the Executive Government Advisory Committee of the Constitutional Commission from 1985 to 1987. Early life Winterton was born in Hong Kong on 15 December 1946. His parents, Rita and Walter, had married in Hong Kong after fleeing Austria shortly after the 1938 Nazi invasion. His father practised medicine in Japanese-occupied Hong Kong and, in May 1947, he and his family sailed to London on the ''MV Lorenz''. Walter having gained an English medical qualification, the Wintertons left Britain in 1948, arriving in Australia in November where Walter became a general practitioner in Western Australia, first at Pingelly, then Mount Hawthorn (North Per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeffrey Goldsworthy
Jeffrey Denys Goldsworthy is an Australian academic and legal philosopher. He is known for his work in philosophy of law, as well as constitutional theory and interpretation. He held a Personal Chair at Monash University Faculty of Law from 2000 to 2016. He was the President of the Australian Society of Legal Philosophy from 2007 to 2014. He is known for work on parliamentary sovereignty, especially for his book ''The Sovereignty of Parliament: History and Philosophy''. In constitutional theory, he is a proponent of originalism. He is the younger brother of author Peter Goldsworthy. Goldsworthy was elected Fellow of the Academy of the Social Sciences in Australia (FASSA) in 2008. In the 2020 Australia Day Honours Goldsworthy was appointed a Member of the Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trevor Allan (legal Philosopher)
Trevor Robert Seaward Allan, LLD (born 9 May 1955) is Professor of Jurisprudence and Public Law at the University of Cambridge and a Fellow of Pembroke College. He is known for challenging constitutional orthodoxy in the United Kingdom, particularly in his redefinition of the scope of parliamentary sovereignty. Education and career Allan was educated at St Albans School and Worcester College, Oxford, where he received a MA in Jurisprudence and a BCL. He also holds a LLD from Cambridge University. He was called to the London Bar at Middle Temple. He was a lecturer in law at the University of Nottingham between 1980 and 1985, and joined the University of Cambridge in 1989. He was elected a Fellow of the British Academy in 2016. His books include ''Constitutional Justice: A Liberal Theory of the Rule of Law'' (OUP), ''Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism'' (Clarendon Paperback), and ''the Sovereignty of Law: Freedom, Constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malicious Prosecution
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings. Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
False Imprisonment
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abuse Of Process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Persona Designata
The ''persona designata'' doctrine is a doctrine in law, particularly in Canadian and Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible for a judge to do so if the power has been conferred on the judge personally, as opposed to powers having been conferred on the court. The doctrine in the more general sense has been recognised throughout the common law countries (including the United States). ''Persona designata'', according to ''Black's Law Dictionary'', means "A person considered as an individual rather than as a member of a class"; thus it may be a person specifically named or identified in a lawsuit, as opposed to the one belonging to an identified category or group. While it has its origin in Montesquieu's doctrine of the separation of powers, it can be traced back as far as Aristotle's ''Politics''. In Australia the doctrine is considered to be an exception to the Bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maurice Byers
Sir Maurice Hearne Byers (10 November 191717 January 1999) was a noted Australian jurist and constitutional expert. He was the Commonwealth Solicitor-General from 1973 to 1983, in which capacity he played a role in the Gair Affair and the 1975 Australian constitutional crisis. He had an unmatched record of success in his appearances before the High Court of Australia, and he has been characterised as the finest lawyer never to have been appointed to the High Court. Career Maurice Byers was born on 10 November 1917. He attended St Aloysius' College in Sydney. He studied law at the University of Sydney and was admitted to the Bar in 1944. In 1957 his Sydney practice in Wentworth Chambers joined those of John Kerr and Gough Whitlam. His practice was mainly in the fields of equity, taxation, company and constitutional law. He appeared frequently before the Privy Council. He became a Queen's Counsel in 1960. He was President of the New South Wales Bar Association from 1965 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Garry David
Garry Ian Patrick David (20 November 1954 – 11 July 1993) (also known as Garry Webb), was an Australian criminal. Early life David's father Rupert David, was a habitual criminal and pedophile, who served time in prison and psychiatric hospitals, his mother Betty David was an alcoholic David and his siblings were placed in an orphanage when he was four. From that time until 1972, when he escaped from legal custody, he spent his life in a number of orphanages, boys' homes and youth training centres. At the age of 11 David began committing various offences including larceny, making threats and offences of dishonesty. When he was 13, he was first diagnosed as having a personality disorder with psychopathic traits. David was subsequently admitted to psychiatric facilities on eight separate occasions between 1976 and 1984, and was diagnosed with antisocial personality disorder. It was during this time that he began self-mutilating to an extreme degree. Among other things, he sw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
