Key Issues in Public Law

This collection of papers by some of Australia’s leading judges and practitioners focuses on issues that have received insufficient attention in the published literature. It begins with four Spigelman Orations, delivered to the Public Law Section of the NSW Bar: Justice Stephen Gageler on deference, Chief Justice James Allsop on values in public law, Justice Virginia Bell on judicial legitimacy and the limits of review, and Chief Justice Bathurst on the limits of judicial review of integrity bodies. Papers on lawyerly skills then follow: David Jackson QC, one of the finest appellate advocates of our generation, on appellate advocacy; and Neil Williams SC, Chloe Burnett and Surya Palaniappan on statutory construction.

1. Deference

The Hon Stephen Gageler AC 

2. Values in Public Law 

The Hon James Allsop AO  

3. Judicial Legitimacy and the Limits of Review 

The Hon Virginia Bell AC  

4. New Tricks for Old Dogs: The Limits of Judicial Review of Integrity Bodies

The Hon TF Bathurst AC  

5. Appellate Advocacy

David F. Jackson QC  

6. Statutory Construction: A Method

Neil Williams SC, Chloe Burnett and Surya Palaniappan  

7. Constitutional Aspects of Commonwealth and State Application Laws (with special attention to ss 79 and 80 of the Judiciary Act 1903 (Cth))

The Hon Mark Leeming  

8. II of the Constitution  

Justin Gleeson SC and Anna Mitchelmore 

9. Broadly Framed Powers and the Constitution  

Bret Walker SC and David Hume  

10. The Boundaries Between Fact and Law in Administrative Review

Kristina Stern SC and Matt Sherman

11. Unifying Principles in Administrative and Criminal Law

Tim Game SC and Julia Roy

Neil Williams SC is a barrister practising in Sydney. He was appointed senior counsel in 2001.