This book commemorates the achievements of Sir Gerard Brennan AC KBE in the field of administrative justice. Through the eyes of judicial colleagues (Sir Anthony Mason, former Justice Davies, Justice Wilcox, Justice Balmford)), practitioners (Stephen Gageler SC), a former associate (Associate Professor Gerard Carney) and an eminent public lawyer (Stephen Skehill), we develop a picture of this key figure in Australian legal history. Sir Gerard's own voice is heard on the limits of the court's role in an era of corporatisation and lamenting its removal on politically sensitive issues such as migration. Through the three themes of the work - judicial review, human rights (including the impact of international law) and administrative tribunals - we view a man who adhered strictly to principled reasoning, consistency and constitutional propriety, a man who impressed on administrative law the standards, integrity and high standing which marked his judicial career. Sir Gerard is a man of principle and of compassion, sensitive to constitutional boundaries, a champion of individual rights, a guardian of judicial integrity and a principled common lawyer. It was to this figure that the stewardship of some of Australia's key administrative law institutions, particularly the Commonwealth's Administrative Appeals Tribunal, was entrusted. It was his wise initial captaincy which set that institution apart, preserved it from a hostile public sector, and ensured that the concept of a merit review tribunal with wide jurisdiction has been or is being copied in most Australian States and Territories. Sir Gerard's contribution did not end there. His understanding of the need for respect between and tolerance of each arm of government, especially between the executive and the courts, progressed with him to the Federal Court and ultimately the High Court of Australia, where he was Chief Justice from 1995-1998. At each level he produced outstanding and insightful judgments tempered by those personal qualities, and enriched by his deep understanding of law and government.
Creyke / Keyzer
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Contents Tribute A Tribute to Sir Gerard Brennan Mr Daryl Davies Contribution by Sir Gerard Brennan The Review of Commonwealth Administrative Power: Some Current Issues The Hon Sir Gerard Brennan, AC, KBE Judicial Review Judicial Review: The Contribution of Sir Gerard Brennan The Hon Sir Anthony Mason, AC KBE Sir Gerard Brennan and Some Themes in Judicial Review Mr Stephen Gageler, SC Administrative Tribunals Sir Gerard Brennan and Administrative Tribunals Mr Stephen Skehill Administrative Tribunals and Sir Gerard Brennan: Some Specific Topics Justice Rosemary Balmford Human Rights Sir Gerard Brennan and Human Rights Law in Australia The Hon Justice Murray Wilcox Sir Gerard Brennan and Aspects of his Human Rights Perspective Associate Professor Gerard Carney Extra-Curial Writings Sir Gerard Brennan's Extra-Curial Writings Associate Professor Robin Creyke Tables of Cases/ Tables of Statutes/ Index
