Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
Government Accountability: Australian Administrative Law offers an accessible introduction to administrative law in Australia by reference to its guiding principle, accountability. The book explores the complex theory underlying this area of law through the inclusion of many examples and with an emphasis on practicalities. It introduces the multifaceted nature of government, its structure, powers and actions. It explains and analyses in detail the principles and mechanisms of administrative law in a way that equips students to employ them in the context of new and unfamiliar cases. Throughout the book, the theory, law and practice of Australian administrative law are explored by reference to the overarching concept of accountability. Government Accountability is a concise introduction to administrative law in Australia that clearly explains the intricacies of the field and provides readers with the theoretical and practical knowledge to analyse the decisions and actions of government.
COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.
Eighteenth-century British literary history was long characterized by two central and seemingly discrete movements—the emergence of the novel and the development of Romantic lyric poetry. In fact, recent scholarship reveals that these genres are inextricably bound: constructions of interiority developed in novels changed ideas about what literature could mean and do, encouraging the new focus on private experience and self-perception developed in lyric poetry. In Lyric Generations, Gabrielle Starr rejects the genealogy of lyric poetry in which Romantic poets are thought to have built solely and directly upon the works of Chaucer, Spenser, Shakespeare, and Milton. She argues instead that novelists such as Richardson, Haywood, Behn, and others, while drawing upon earlier lyric conventions, ushered in a new language of self-expression and community which profoundly affected the aesthetic goals of lyric poets. Examining the works of Cowper, Smith, Wordsworth, Coleridge, and Keats in light of their competitive dialogue with the novel, Starr advances a literary history that considers formal characteristics as products of historical change. In a world increasingly defined by prose, poets adapted the new forms, characters, and moral themes of the novel in order to reinvigorate poetic practice.
Berengaria of Navarre was queen of England (1191–99) and lord of Le Mans (1204–30), but has received little attention in terms of a fully encompassing biography from Navarrese, Anglophone, and French perspectives. This book explores her political career whilst utilising the surviving documentation to demonstrate her personal and familial partnerships and life as a dowager queen. This biography follows Berengaria’s journey from a Navarrese infanta, raised in the northern Iberian kingdom, to her travels across Europe to marriage and the Third Crusade, venturing through Sicily, Cyprus, and on to the Holy Land in 1191. Berengaria’s reign and early years as dowager queen are examined in the context of the Anglo-French conflict and domestic disputes, before her decision to negotiate with the king of France, Philip Augustus, and become lord of Le Mans, for which she is far better known in local memory. The volume flows chronologically discussing her roles as infanta, queen, dowager, and lord, and is an ideal resource for scholars and those interested in the history of gender, queenship, lordship, and Western Europe in the twelfth and thirteenth centuries.
Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
When Tim Carmody was appointed Chief Justice of Queensland by Premier Campbell Newman in 2014, he had been Chief Magistrate for only nine months. It proved to be the most controversial judicial appointment in Australia’s history. Carmody’s elevation plunged the Supreme Court and the legal profession into a bitter conflict with the government and with Carmody himself. How did he come to be appointed to such a significant position? What can we learn from this saga about the fragile relationships between politics and the courts? The Tim Carmody Affair places the full story of Carmody’s damaging and divisive tenure in context, and identifies key reforms that could prevent this kind of controversy in the future. ‘A spellbinding and alarming account of one of Australia’s great judicial dramas that ruptured the legal profession and the courts. The Newman Government’s appointment of Tim Carmody as Queensland’s Chief Justice is a story of patronage, betrayal, leaking, and political folly. Brilliant and revealing.’ — Richard Ackland
When Tim Carmody was appointed Chief Justice of Queensland by Premier Campbell Newman in 2014, he had been Chief Magistrate for only nine months. It proved to be the most controversial judicial appointment in Australia’s history. Carmody’s elevation plunged the Supreme Court and the legal profession into a bitter conflict with the government and with Carmody himself. How did he come to be appointed to such a significant position? What can we learn from this saga about the fragile relationships between politics and the courts? The Tim Carmody Affair places the full story of Carmody’s damaging and divisive tenure in context, and identifies key reforms that could prevent this kind of controversy in the future. ‘A spellbinding and alarming account of one of Australia’s great judicial dramas that ruptured the legal profession and the courts. The Newman Government’s appointment of Tim Carmody as Queensland’s Chief Justice is a story of patronage, betrayal, leaking, and political folly. Brilliant and revealing.’ — Richard Ackland
At a time when the operation and reform of federal relations within Australia is squarely on the political agenda, this volume brings together eminent lawyers, economists and political scientists who explain, analyse and evaluate the theory and principles underpinning the Australian federal system. Topics covered include the High Court's approach to the interpretation of the Constitution and how this has influenced federal relations in practice; different forms of inter-governmental co-operative arrangements; fiscal relations between the Commonwealth and the States; and emergent ethno-cultural and socioeconomic diversity within the Australian Federation. Comparative perspectives from Germany, America, Canada, Switzerland, India and the European Union provide unique prisms through which to view the operation of the Australian system and to contemplate its reform.
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