George Graham Winterton (15 December 1946 – 6 November 2008) was an Australian academic specialising in
Australian constitutional law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed.
Background
Constitution ...
. Winterton taught for 28 years at the
University of New South Wales
The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensive ...
before taking up an appointment of Professor of Constitutional Law at the
University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
in 2004.
Winterton served as a member of the Executive Government Advisory Committee of the
Constitutional Commission
Many entities have been called a Constitutional Commission with the general purpose of reviewing a constitution, or planning to create one.
Afghanistan
* Afghan Constitution Commission
** Timeline of the War in Afghanistan (August 2003)
* Reigns ...
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
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
, first at Pingelly, then Mount Hawthorn (North Perth) and then, after the birth of George's only sibling, Peter, at Tuart Hill from 1953. George attended the local primary schools until 1958 when he started at Hale, then in West Perth.
[Peter Winterton 'Intellectual insight to live on in history' ''The West Australian'' 5 December 2008.]
Education and early legal practice
In 1968, George graduated with first class honours in law from the
University of Western Australia
The University of Western Australia (UWA) is a public research university in the Australian state of Western Australia. The university's main campus is in Perth, the state capital, with a secondary campus in Albany, Western Australia, Albany an ...
. He had won four prizes, and was placed first in his final year. Winterton later completed a master's degree by research in 1970, on the topic of the appropriations power under the Australian Constitution.
On graduation, Winterton became an articled clerk with the firm of Robinson Cox (now
Clayton Utz
Clayton Utz is an independent, top-tier Australian law firm headquartered in Sydney, Australia. Established in 1833, it is generally considered a leading law firm, and has been known as one of the " Big Six" Australian law firms. The firm is rec ...
) and was admitted to practice in Western Australia in 1970. From 1971 to 1973 he practised with the firm Frank Unmack and Cullen in
Fremantle
Fremantle () () is a port city in Western Australia, located at the mouth of the Swan River in the metropolitan area of Perth, the state capital. Fremantle Harbour serves as the port of Perth. The Western Australian vernacular diminutive for ...
.
Winterton's academic career began in 1968 when he served as a visiting tutor at the University of Western Australia.
[Robert French, 'Vale George Winterton: friend and critic' ''The Australian'' 21 November 2008, p27 and p29.]
Foundation of the Aboriginal Legal Service in Western Australia
The
Chief Justice of Australia
The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position.
Co ...
, Robert French, wrote of the early 1970s "when we were involved with other Perth lawyers in establishing an Aboriginal Legal Service for Western Australia":
:"George played a leading role, and in 1972 was chairman of the committee that became the service. In that year he sent a letter to the then Coalition government asking for a modest grant to establish a duty counsel service. The election intervened."
:"The response, when it came, was astonishing. Gordon Bryant, the new minister for Aboriginal affairs, asked how much money we would need to provide representation for Aboriginal people throughout the state."
[
Also involved with George were "a future federal minister, Fred Chaney; High Court judge Ron Wilson; the present Chief Justice of the High Court, ]Robert French
Robert Shenton French (born 19 March 1947) is an Australian lawyer and judge who served as the twelfth Chief Justice of Australia, in office from 2008 to 2017. He has been the chancellor of the University of Western Australia since 2017.
Fren ...
; future state premier Peter Dowding
Peter McCallum Dowding SC (born 6 October 1943) is an Australian lawyer and former politician who served as the 24th Premier of Western Australia, from 25 February 1988 until his forced resignation on 12 February 1990. He was a member of parli ...
; and others...."[Tony Stephens 'Key figures in republic debate' ''The Age'' 20 November 2008 p. 18]
Marriage and family
In 1976, George met Rosalind Julian who, at that time, was studying arts at the University of New South Wales. They married in 1979, and four children followed: David (LLB UNSW, 2004 Rhodes scholar), Philip (completing a law degree at the University of Technology, Sydney), Madeleine (BA Sydney) and Julia (enrolled in economics/social science, Sydney University).
Academic career
In 1973, Winterton won a Fulbright scholarship
The Fulbright Program, including the Fulbright–Hays Program, is one of several United States Cultural Exchange Programs with the goal of improving intercultural relations, cultural diplomacy, and intercultural competence between the people of ...
to study law at Columbia University
Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
in New York City, where he served as an associate-in-law, teaching legal research and writing, and international law.
While at Columbia, Winterton was interviewed for a position at the Law Faculty of the University of New South Wales, and he returned to Australia in 1975 to take up an appointment as a Senior Lecturer.
In 1983, Winterton completed his Doctorate of Juridical Science (JSD) at Columbia. His thesis on the executive power of the Commonwealth of Australia became the core of ''Parliament, the Executive and the Governor-General'', which was published by Melbourne University Press in 1983, and which is still regarded as the leading text on the subject.[Peter Gerangelos, ''Eulogy for Professor George Winterton, Professor of Constitutional Law, University of Sydney'', 12 November 2008, St Francis of Assisi, Paddington, New South Wales.] In 1998, Winterton founded the ''Constitutional Law and Policy Review'', remaining its general editor until his death.
At UNSW, Winterton taught Public Law, Succession and Advanced Equity, Advanced Administrative Law, International Law and, ultimately, Federal Constitutional Law, the High Court of Australia, Comparative Law, Legal History and Comparative Constitutional Law.[George Winterton](_blank)
, University of Sydney, 31 December 2008. He was promoted to professor of law, and was awarded a Jubilee Medallion in 1999.
In 2004, Winterton took up a position of Professor of Constitutional Law at the University of Sydney, where he taught Federal Constitutional Law, High Court of Australia, and Comparative Constitutional Law. Winterton did not sever his ties with UNSW, where he had several colleagues in his field, and the university recognised his service by appointing him Emeritus Professor in 2004.[George Winterton](_blank)
, University of New South Wales, 31 December 2008.
The University of Western Australia awarded him the honorary degree of Doctor of Laws in 2007.
Illness and death
In 1998 Winterton developed a rare sarcoma in his left leg, and in 2001 he was diagnosed with bowel cancer. "He continued to write, teach, and publish, interrupted by operations, chemotherapy and countless investigations and procedures." Only in the last months did he cease to attend his Sydney Law School office where he would arrive around noon, and work late, often until 2:00 am. George Winterton died in Sydney on 6 November 2008, aged 61. He was survived by his mother Rita, wife Ros, four children and his brother.
Public affairs and constitutional reform
Winterton provided legal advice to Commonwealth and state governments, other public bodies and law firms.[
Winterton criticised ]Sir Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a ...
and Sir John Kerr
Sir John Robert Kerr (24 September 1914 – 24 March 1991) was an Australian barrister and judge who served as the 18th Governor-General of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constit ...
for not having paid closer attention to the constitution before Kerr, the governor-general, sacked the Whitlam government in 1975, with Barwick's advice. Winterton said Barwick had invented a convention that "a prime minister who cannot obtain supply ... must either advise a general election or resign", pointing out that, although section 83 of the constitution forbids the expenditure of unappropriated funds, appropriated funds had not been exhausted. The sacking, he said, diminished respect for conventions.[
He served as a member of the Executive Government Advisory Committee for the Constitutional Commission in 1986 and 1987, chaired by ]Sir Zelman Cowen
Sir Zelman Cowen, (7 October 1919 – 8 December 2011) was an Australian legal scholar and university administrator who served as the 19th Governor-General of Australia, in office from 1977 to 1982.
Cowen was born in Melbourne, and attended ...
.[
His ''Monarchy to Republic'' helped reignite debate over the issue of ]Australian republicanism
Republicanism in Australia is a popular movement to change Australia's system of government from a constitutional parliamentary monarchy to a republic, replacing the monarch of Australia (currently Charles III) with a president. Republicanism ...
.[ In 1993, he served as a member of the ]Republic Advisory Committee
The Republic Advisory Committee was a committee established by the then Australian Prime Minister Paul Keating in April 1993 to examine the constitutional and legal issues that would arise were Australia to become a republic. The committee's man ...
. He was appointed as a delegate to the 1998 Constitutional Convention. He wrote the original bi-partisan appointment model.[
Chief Justice ]Robert French
Robert Shenton French (born 19 March 1947) is an Australian lawyer and judge who served as the twelfth Chief Justice of Australia, in office from 2008 to 2017. He has been the chancellor of the University of Western Australia since 2017.
Fren ...
has written:[
]
He also proposed a new preamble for the Constitution and amendments necessary to reflect a minimalist Republican model. George spelt out certain principles which should guide the formulation of a new constitutional preamble. They were reflective of his own personality and approach to legal issues. Shortly they were:
1. A conservative principle -- the existing preamble should be retained as far as possible for constitutional continuity and social harmony.
2. The preamble should be honest. It should not make promises about rights which the Constitution itself would not deliver.
3. The prose should be pithy, avoiding jargon and platitude.
4. It should embody only the most fundamental, uncontroversial and universally acceptable values.
5. It should avoid provisions likely to have legal effect. They should be found in the body of the Constitution.
His proposed preamble was founded upon the notion of popular sovereignty and ended with the words: "We, the people of Australia, do hereby enact and give to ourselves this Constitution."
Legacy
A Gedenkschrift
In academia, a ''Festschrift'' (; plural, ''Festschriften'' ) is a book honoring a respected person, especially an academic, and presented during their lifetime. It generally takes the form of an edited volume, containing contributions from the h ...
in celebration of his life and learning has been published: H. P. Lee and Peter Gerangelos (eds), ''Constitutional Advancement in a Frozen Continent: Essays in Honour of George Winterton'' (2009).
The inaugural George Winterton Lecture was delivered by Chief Justice Robert French, of the High Court of Australia, on 18 February 2010 at the Sydney Law School on the topic of the Executive Power under the Constitution of the Commonwealth of Australia.
Winterton's textbook ''Australian Federal Constitutional Law: Commentary and Materials'', first published in 1999, with a second edition in 2007, appeared in a third edition in 2013 with his pupil Peter Gerangelos as general editor.
Bibliography
Notes
External links
Obituary
''Sydney Morning Herald''
Profile
University of Sydney
''The Australian''
Obituary
UNSW Law School
{{DEFAULTSORT:Winterton, George
1946 births
2008 deaths
20th-century Australian lawyers
Australian legal scholars
Australian republicans
Columbia Law School alumni
Quadrant (magazine) people
Republic Advisory Committee
University of New South Wales faculty
University of Sydney faculty