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The intimate biography of High Court justice Michael Kirby. For most of his life, Michael Kirby has been a man on a tightrope. A person of strong views working in a world governed by objectivity, he has had to balance the potent, sometimes contradictory impulses of passion and duty, honesty and discretion, advocacy and neutrality. He had to hide his real self from the world for decades, while being the public voice of countless human-rights and legal issues. And his thirty-five years as a federal judge afforded him tremendous authority and power, but often demanded silence and impartiality on matters closest to his heart. This intimate biography takes us behind the bench to explore the personal, moral and spiritual convictions of one of our most beloved and brilliant citizens, a man who made the law accessible, humane and interesting, a man who was never blown along by the prevailing political winds. It draws on a wealth of previously unavailable letters and papers, as well as interviews with Kirby, his family, friends and – for the first time – Johan van Vloten, his partner of more than forty years. Michael Kirby: Law, Love & Life looks back on a controversial career of dedication and success, and a private life of great love, secrecy and, finally, openness.
'a reflective, generous and eloquent book.' - Sydney Morning Herald ' [A] gracious memoir.' - Weekend Australian 'Michael Kirby writes with great humour and extraordinary warmth.' - Canberra Times '[A] charming and oddly moving collection of autobiographical excursions.' - Saturday Age Michael Kirby is one of Australia's most admired public figures. At a time of spin and obfuscation, he speaks out passionately and straightforwardly on the issues that are important to him. Even those who disagree with him have been moved by the courage required of him to come out as a high-profile gay man, which at times has caused him to be subjected to the most outrageous assaults on his character. This is a collection of reminiscences in which we can discover the private Michael Kirby. It allows the public figure to speak in his own voice, without any intermediary. He opens up as never before about his early life, about being gay, about his forty-three-year relationship with Johan van Vloten, about his religious beliefs and even about his youthful infatuation with James Dean. Beautifully written, reflective and generous, in that warm and gently self-deprecating voice that is so characteristic of him, this is a memoir that Michael Kirby's many admirers have been waiting for.
Front cover image: Michael Kirby speaking c.1988 (Adelaide Advertiser).2012 Prime Minister's Literary Award - short-listed in the non-fiction category of this prestigious Award.2012 National Biography Award - one of the six titles shortlisted for Australia's pre-eminent prize for biographical writing and memoir.2011 Walkley Book Award FinalistWatch our author AJ Brown in conversation with Michael Kirby at this Australian National University event from May 2011:The remarkable story of the life and work of Australia's most famous modern judge.This biography charts Michael Kirby's extraordinary public life from his first forays as a student politician in the early 1960s, to his appointments as foundation chairman of the Australian Law Reform Commission in 1975, President of the NSW Court of Appeal in 1984, and Justice of the High Court of Australia (1996-2009).Internationally, Kirby has been a leader in law reform and human rights with the OECD, UNESCO, UN Human Rights Commission and the WHO Global Program on AIDS. He is a former world president of the International Commission of Jurists, and in 1993-1996 was the first Australian to serve as a Special Representative of the UN Secretary-General for Human Rights.A J Brown reveals Kirby's difficult and often challenging personal path as judge, public intellectual and gay man. He shows the sharp contrast between Kirby's 30-year love affair with controversial public issues and the reality of a man whose underlying message is deeply traditionalist - that people should have faith in the status quo of political institutions, even the monarchy.He shows also how Kirby's most constant companion - publicity - has been a double-edged sword. Behind his active courtship of an unprecedented judicial profile lay a passion for principles and the social relevance of the law, but it drove him into fierce conflict with the many judges and politicians who questioned whether such celebrity was compatible with judicial life.The slow coming together of his personal, professional and public lives culminates in sharp moments of truth - for Kirby, for powerful institutions, and for a society learning to cope with the challenges of change.The research has included:Exclusive access to over 117 metres of personal and official papers, dating back to the 1940sInterviews with more than 30 of Michael Kirby's closest relatives and colleaguesIndependent research into how falsified records came to be used in Parliament in a direct attack on a High Court judge, andUnprecedented access to the working materials of a High Court judge, including draft judgments and papers normally shredded within judicial chambers.
This short book examines the career and achievements of Lord Kilmuir (David Maxwell Fyfe), a British politician and former Lord Chancellor who is mainly remembered for some poor and unpopular decisions but who nevertheless made a considerable mark on twentieth-century legal development. After the Second World War, Kilmuir not only excelled as a fellow prosecutor with Justice Robert Jackson at Nuremberg but also played a significant role in the effort to restore European unity, particularly through his involvement in the drafting of the European Convention on Human Rights. Drawing on archival and other primary sources, this book considers Kilmuir's initiatives both at home and in Europe, and concludes by marking out his achievements as a pro-European Conservative who not only favoured the right of individual petition to a supranational, Convention-enforcing court but who also favoured Parliament legislating to replicate Convention norms in domestic law.
An inspiring look at young climate change activists who are changing the world The world is facing a climate crisis like we’ve never seen before. And kids around the world are stepping up to raise awareness and try to save the planet. As people saw in the youth climate strike in September 2019, kids will not stay silent about this subject—they’re going to make a change. Meet 12 young activists from around the world who are speaking out and taking action against climate change. Learn about the work they do and the challenges they face, and discover how the future of our planet starts with each and every one of us.
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
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 is a collection of nine essays by senior judicial officers and leading legal academics on the principles of statutory interpretation. The target audience for the monograph is judicial officers, legal academics and law students.
Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.