Great Australian Dissents

This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.

This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.

Longlisted for the 2022 Indie Book Awards. Longlisted for the Australian Political Book of the Year Award. Chosen as a ‘Book of the Year’ in The Australian, The Australian Financial Review and The Australian Book Review. In a quiet Sydney street in 1937, a seven year-old immigrant boy drowned in a ditch that had filled with rain after being left unfenced by council workers. How the law should deal with the trauma of the family’s loss was one of the most complex and controversial cases to reach Australia’s High Court, where it seized the imagination of its youngest and cleverest member. These days, ‘Doc’ Evatt is remembered mainly as the hapless and divisive opposition leader during the long ascendancy of his great rival Sir Robert Menzies. Yet long before we spoke of ‘public intellectuals’, Evatt was one: a dashing advocate, an inspired jurist, an outspoken opinion maker, one of our first popular historians and the nation’s foremost champion of modern art. Through Evatt’s innovative and empathic decision in Chester v the Council of Waverley Municipality, which argued for the law to acknowledge inner suffering as it did physical injury, Gideon Haigh rediscovers the most brilliant Australian of his day, a patriot with a vision of his country charting its own path and being its own example – the same attitude he brought to being the only Australian president of the UN General Assembly, and instrumental in the foundation of Israel. A feat of remarkable historical perception, deep research and masterful storytelling, The Brilliant Boy confirms Gideon Haigh as one of our finest writers of non-fiction. It shows Australia in a rare light, as a genuinely clever country prepared to contest big ideas and face the future confidently. 'Gideon Haigh has always been an exquisite wordsmith, and he proves here that he is also an intuitive historian and acute biographer with a masterful control of the broad sweep and telling detail’ AFR Books of the Year 'Here is a master craftsman delivering one of his most finely honed works. Meticulous in its research, humane in its storytelling, The Brilliant Boy is Gideon Haigh at his lush, luminous best. Haigh shines a light on person, place and era with the sheer force of his intellect and the generosity of his words. The Brilliant Boy is simply a brilliant book.' Clare Wright, Stella-Prize winning author of The Forgotten Rebels of Eureka ‘Gideon Haigh has a nose for Australian stories that light up the past from new angles, and he tells this one with verve, grace and lightly worn erudition. I couldn’t put it down.’ Judith Brett, The Saturday Paper ‘An absolutely remarkable, moving and elegant re-reading of the early life of an extraordinary Australian. Gideon Haigh is one of Australia's finest writers and thinkers … mesmerizing … one of the best Australian biographies I have read for a long time.' Michael McKernan, Canberra Times

​This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.

A frightening analysis of the tactics used by the Howard government to silence independent experts and commentators as well as public servants and organisations which criticise its policies.

Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise. This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book's explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole. Conceptual and discussion questions at the end of each chapter facilitate student thinking and discussion about how the law has evolved and how the law is applied. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law: Concepts and Cases is invaluable for students engaging with Australian constitutional law.

Publisher description

While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. This disposition has worsened since 9/11 and the 2008 Great Recession. This ground-breaking study shows that just as dissent involves far more than protest marches, so too liberal-democratic states have expanded the criminalization of dissent. Drawing on political and social theorists like Arendt, Bourdieu and Isin, the book offers a new way of thinking about politics, dissent and its criminalization relationally. Using case studies like the Occupy movement, selective refusal by Israeli soldiers, urban squatters, democratic education and violence by anti-Apartheid activists, the book highlights the many forms dissent takes along with the many ways liberal-democratic states criminalize it. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined ‘political order’ from difference and disagreement. The book makes a major contribution to political theory, legal studies and sociology. Linking legal, political and normative studies in new ways, Watts shows that ultimately liberal-democracies rely more on sovereignty and the capacity for coercion and declarations of legal ‘states of exception’ than on liberal-democratic principles. In a time marked by a deepening crisis of democracy, the book argues dissent is increasingly valuable.