Law

Encounters with Constitutional Interpretation and Legal Education: Essays in Honour of Michael Coper

By James Stellios
The Federation Press February 2018

Specifications

ISBN-13
9781760021627
Publisher
The Federation Press
Publication
February 2018
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

What do constitutional interpretation and legal education have in common?

For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation.

For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.

An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby and Sir Anthony Mason, come together in this book to celebrate Coper’s achievement, and take his various contributions as a jumping off point for their own further scholarly insights.

From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia’s most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.

An intellectual feast!

Table of Contents

Preface
James Stellios
About the Contributors
Table of Cases
Table of Statutes
Acknowledgements
Introduction
Anthony Mason
Prologue  Encounters with Michael Coper’s Career and the Search for New Ways Forward
John Williams
Part I: Three Constitutional Conundrums
1.  The Section 92 Revolution
Stephen Gageler
2.  The Elusive Promise of the Inter-State Commission
Andrew Bell
3.  Power and Propriety: Coper’s Encounter with the Dismissal
Ryan Goss
Part II: The ‘Intractable Dilemma’ of the Judicial Process
4.  New Ways Forward
Michael Kirby
5.  Between Realism and Legalism: Michael Coper and the Enduring Appeal of Cole v Whitfield
Adrienne Stone
6.  Fidelity to External (Re)sources
Tony Blackshield
Part III: Ways of Seeing and ‘Collecting the World’
7.  Through the Lens of Biography
Heather Roberts
8.  Through the Lens of Oral History
Garry Sturgess
9.  Through the Lens of an Encyclopaedia
Helen Irving
Part IV: Lawyering and Leadership
10. Being a Lawyer: Professionalism, Values and Service
Kim Economides
11.  Being a Law Dean: Aspiration and Reality
Stephen Bottomley
12.  Being a Global leader: Challenges of Internationalisation
Duncan Bentley
Reflection
Michael Coper
Michael Coper — Select Publications
Index
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