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  1. Home
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  3. Great Australian Dissents
  • Cited by 4
  • Edited by Andrew Lynch, University of New South Wales, Sydney
Publisher:
Cambridge University Press
Online publication date:
October 2016
Print publication year:
2016
Online ISBN:
9781316665824
DOI:
https://doi.org/10.1017/CBO9781316665824
Subjects:
Constitutional and Administrative Law, Law, Australian Politics, Politics and International Relations
Information

Book description

When judges disagree, those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors, including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the 'error' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and, sometimes, the subsequent recognition of a dissenting opinion's correctness and its ultimate vindication. On some occasions, all these features may be strongly present, on others only some. Through a diverse selection of memorable dissenting opinions, this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable, but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic, while so many lie forgotten.

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