1.

Record Nr.

UNINA9910465653003321

Autore

Lee H. P. <1947->

Titolo

The Australian judiciary / / H P Lee, Enid Campbell [[electronic resource]]

Pubbl/distr/stampa

Cambridge : , : Cambridge University Press, , 2013

ISBN

1-107-30107-6

1-107-23338-0

1-107-30615-9

1-107-30540-3

1-107-31390-2

1-107-30835-6

1-139-02843-X

1-299-25713-5

Edizione

[Second edition.]

Descrizione fisica

1 online resource (xlviii, 373 pages) : digital, PDF file(s)

Disciplina

347.94/01

Soggetti

Justice, Administration of - Australia

Courts - Australia

Judges - Australia

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Cover; THE AUSTRALIAN JUDICIARY; Title; Copyright; Foreword; Contents; Preface; Acknowledgments; Table of Cases; Table of Statutes; CHAPTER 1 Introduction; The importance of the judiciary; The development of an independent judiciary; The rule of law; Meaning of judicial independence; International standards and judicial independence; A declaration of judicial independence; Guarantees of judicial independence; The judiciary in Australia; Concluding observations; Notes; CHAPTER 2 The courts and judges; The Australian court system; State courts and State magistracies; The High Court of Australia

Federal courts, federal tribunals and the federal magistracyThe cross-vesting of state and federal jurisdiction; The work of judges; Who is a judge?; What's in a name?; The 'justices' of the Industrial Relations Commission of Australia and Fair Work Australia; A Chairman of the



Grants Commission; A Chairman of the National Crime Authority; Arbitrators and mediators; Jurors; Who are the judges?; Male and female judges; Backgrounds of the judges; Age profiles; Length of judicial service; Notes; CHAPTER 3 The judiciary as a branch of government; Introduction; The separation of powers doctrine

Meaning of judicial powerParliament and the judicial process; The persona designata doctrine; The incompatibility test; The Kable doctrine and State courts; Relationships with other branches of government; The High Court in the eye of a storm; Conclusion; Notes; CHAPTER 4 Appointment and conditions of service; Appointments; Current appointment process; Some controversial appointment episodes; Qualifications for appointment; Political experience as a relevant consideration; The judiciary as a fair reflection of society; Proposals for change; Acting and part-time judges

Constitutional validity of acting judgesPart-time judges; Conditions of service; Judicial education; Disputes about entitlement to hold and exercise judicial office; Conclusion; Notes; CHAPTER 5 Removal, suspension and discipline of judges; Removal of judges; The Lionel Murphy affair; The Vasta affair; 'Judicial misbehaviour'; 'Incapacity' - the Bruce affair; Suspension of judges from office; Judicial review of proceedings against judges; Abolition of courts; Reforming the removal mechanism; Complaints against judges; Reforms at State level; Reforms at Commonwealth level

Resignation of judgesNotes; CHAPTER 6 Judicial conduct; Introduction; The rule against bias; Enforcing the rule; Determining the reactions of the ordinary reasonable member of the public; Circumstances which may give rise to reasonable apprehension of bias; (a) Indirect interest in proceedings; (b) Conduct; (c) Association; (d) Knowledge of some prejudicial but inadmissible fact or circumstance; (e) Direct pecuniary or proprietary interest in outcome; Exceptions to the rule against bias; (a) Statutory exceptions; (b) The principle of necessity; (c) Waiver

Who should decide if a judge is disqualified?

Sommario/riassunto

The second edition of H. P. Lee's The Australian Judiciary provides a timely update to this seminal text. The only definitive survey of the entire Australian judiciary, this text describes and evaluates the work, techniques, problems and the future of the different tiers of courts and judges. It discusses the role of the judiciary as the third sector of government and analyses and comments on judicial conduct, judicial independence and impartiality, the work of judges beyond the courts, the accountability of judges and the dangers to judicial institutions. It is an excellent reference work which will appeal to legal scholars and practitioners throughout Australia and internationally.



2.

Record Nr.

UNINA9910793610703321

Titolo

Counterfactual Romanticism / / edited by Damian Walford Davies [[electronic resource]]

Pubbl/distr/stampa

Manchester : , : Manchester University Press, , 2020

ISBN

1-5261-0801-1

1-5261-5037-9

1-5261-0707-4

Descrizione fisica

1 online resource (xii, 324 pages) : illustrations

Collana

Interventions. Rethinking the nineteenth century

Manchester scholarship online

Disciplina

809.9145

Soggetti

Romanticism

Literature, Modern - 19th century - History and criticism

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Previously issued in print: 2019.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Introduction : counterfactual Romanticism / Damian Walford Davies -- 'The object as in itself it really is not' : counterfactual Romanticism and the aesthetics of contingency / Anne C. McCarthy -- Door-to-door and across-the-counter factuals : history as fashion, furniture, fraud, forgery, folklore and fiction in the Romantic onset of modernity / Gary Kelly -- The possibilists : Romantic-era literary forgery and British alternative pasts / Mary-Ann Constantine -- Sophia Lee's The recess and the epistemology of the counterfactual / Tilottama Rajan -- Lord Byron reads The prelude / Kenneth R. Johnston -- Counterfactual obstetrics : Mary Wollstonecraft's Frankenstein / Damian Walford Davies -- John Thelwall : a counterfactual ghost story / Judith Thompson -- Counterfactual speculations in late Romanticism : Scott, Banim, Galt and Mitford / Angela Esterhammer -- Piratical counterfactual, piratical counterfictional : from Misson to melodrama / Manushag N. Powell -- Romanticism and the (counterfactual) Chinese awakening / Peter J. Kitson -- Counterfactual and future Romanticisms : the academy and the canon / Edward Larrissy.

Sommario/riassunto

Innovatively extending counterfactual thought experiments from history and the social sciences to literary historiography, criticism and



theory, 'Counterfactual Romanticism' reveals the ways in which the shapes of Romanticism are conditioned by that which did not come to pass. Exploring various modalities of counterfactual speculation and inquiry across a range of Romantic-period authors, genres and concerns, this collection offers a radical new purchase on literary history, on the relationship between history and fiction, and on our historicist methods to date - and thus on the Romanticisms we (think we) have inherited.