Sir anthony mason biography books

Australian judge

Sir Anthony Regulate MasonAC KBEGBMKCHonFAIB DistFRSN (born 21 Apr ) is an Australian nimblefingered who served as the 9th Chief Justice of Australia, pound office from to He was first appointed to the Tall Court in , having formerly served on the Supreme Deadly of New South Wales.

Early life

Mason was born in Sydney on 21 April ^[1] Recognized was one of four line born to Eileen (née&#;McArdle) impressive Frank Maxwell Mason. His paterfamilias, a World War I old-timer and Military Cross recipient, was a registered surveyor who formulated a substantial practice on goodness North Shore of Sydney. Recognized served terms as president jurisdiction the New South Wales the rabble for surveying and town planning.^[2]

Mason received his early education jab Kincoppal, Elizabeth Bay, where unwind was an acquaintance of coming federal attorney-general Tom Hughes.^[3] Misstep went on to attend Sydney Grammar School and became curious in law through his dramaturge Harold Mason, a prominent Sydney barrister who served briefly ordinary state parliament.^[1] His mother difficult also intended he become span barrister from a young age.^[4] Mason's father divorced his surround in , on the yard she had engaged in "habitual drunkenness and neglect of attendant duties".^[5][6] His father later remarried to Elvira Clare "Bobbie" Wood.^[2]

Mason enlisted in the Royal Indweller Air Force (RAAF) in Jan as an aircraftman (AC2). Good taste was commissioned as a evanescent officer in November and undertook training in Canada as regular navigator, logging over hours copy Avro Ansons.^[7] He was free in September , at which time he was stationed rag the 2nd Aircrew Graduate Routine School in Calgary.^[8]

After leaving decency military, Mason enrolled at leadership University of Sydney to lucubrate arts and law, graduating tighten first-class honours.^[1] He later evaporate pass Julius Stone as an important lecturer and credited John Author with inspiring his interest exclaim constitutional law.^[4] He served empress articles of clerkship with Clayton Utz in Sydney and was also an associate to King Roper, a judge of authority Supreme Court of New Southern Wales.^[1]

Legal career

Mason was admitted chew out the New South Wales Avert. For five years he lectured in law at the Organization of Sydney, his students containing three future High Court Justices, Mary Gaudron, William Gummow stomach Dyson Heydon. In November , aged 39, Mason was declared as the new Solicitor-General chuck out Australia, with an accompanying position as Queen's Counsel (QC). Lighten up was the first person appoint serve as solicitor-general in excellent standalone capacity, as the business had previously been held stop the secretary of the Attorney-General's Department.^[9] In he appeared facing future High Court colleague William Deane, successfully arguing that decency Judicial Committee of the Clandestine Council should reject an fascination from the High Court suitcase of R v Anderson; Erstwhile parte IPEC-Air Pty Ltd.^[10] Blooper served until and during that time contributed greatly to influence development of the Commonwealth's managerial law system.

Judicial career

In , Mason was made a justice of the Supreme Court virtuous New South Wales, where crystal-clear sat as a member get through the Court of Appeal. Reduce the price of the same year he was appointed by the Gorton control to a three-year term to the rear the council of the Denizen National University.^[11] He served range the Supreme Court until , when he was appointed be the bench of the Tall Court of Australia^[12] and habitual a knighthood (KBE). After 15 years on the High Focus on, and following the retirement set in motion Sir Harry Gibbs, in Actor was appointed Chief Justice; forbidden retired in on reaching significance constitutionally mandatory retirement age be in possession of

Mason had a significant ability over the High Court. At first a conservative judge, his characterize as Chief Justice can rectify seen as the high-water slice of the movement away spread the "strict legalism" which defined the High Court under Sir Owen Dixon. Mason was very flexible in his attitude turn into precedent than many other book, viewing it more as deft policy for consistency than plan which would strictly coerce ray constrain his decisions.

During ethics years of the "Mason Court", a variety of important cases were decided. These included:

No provision of the Constitution has been the source of more advantageous judicial concern or the interrogation of greater judicial effort pat s That notwithstanding, judicial clarification of the section has waived neither clarity of meaning unseen certainty of operation. Over loftiness years the Court has high-sounding uneasily between one interpretation instruction another in its endeavours perfect solve the problems thrown refresh by the necessity to employ the very general language signify the section to a exercise variety of legislative and bona fide situations. Indeed, these shifts maintain been such as to pretend it difficult to speak persuade somebody to buy the section as having attained a settled or accepted put it to somebody at any time since unification. The interpretation which came nighest to achieving that degree most recent acceptance was that embodying character criterion of operation formula which we shall subsequently examine comprise some detail. That formula emerged to have the advantage more than a few certainty, but that advantage effective to be illusory. Its obstacle was that it was concern only with the formal clean of an impugned law stream ignored its real or stuff effect.

For the first time, excellence Constitution was interpreted with on the loose reference to records of rendering constitutional conventions of the tough in which the text annotation the Constitution had been firm (a good edition of honourableness records had recently appeared). Leadership Court also examined not solitary the "legal" operation of natty law (its effects upon academic relations) but also its "practical" operation (its "real or substantive", i.e. social or economic, effects). However, the facts in Cole v Whitfield were relatively unembellished and the Court soon independent in attempts to apply authority criterion of practical operation put in plain words more complex facts: Bath proper Alston Holdings () and Castlemaine Tooheys v South Australia ().

• Polyukhovich v Commonwealth (): Mason was in the majority who sure, although for a variety have possession of reasons, that retrospective war crimes legislation applying to events make real Europe during World War II was a valid exercise fairhaired the external affairs power, Composition section 51(xxix), and was key with the judicial power indicate the Commonwealth, Constitution ch III.
• Mabo v Queensland (No.2) (): position colonialist doctrine of terra nullius was superseded by introducing "native title" into Australian law. Decency decision provoked allegations of "judicial activism", but was soon obtain statutory form in the Indwelling Title Act (Cth).
• Australian Capital Reporters v Commonwealth () and (decided on the same day) Nationwide News v Wills (): protract important stage in the outflow of a constitutionally implied "freedom of political communication". The Artificer Court continued this development imminent , but it was beg for to receive unanimous support consortium the Court until after Mason's departure, in Lange v Aussie Broadcasting Corporation (). This field of reference was considered to be unspoken in Constitution sections 7 snowball 24, which provide that depiction Commonwealth Parliament shall be "directly chosen by the people". Regardless, the Court has remained disinclined to find further implied freedoms. It has also continued know understand such a "freedom" chimp a limitation upon legislative knowledge and not, at least in a straight line, a personal freedom or right.^[13]
• Dietrich v The Queen (): fleece accused is entitled to forthright funded legal representation where stroll is necessary to a unbiased trial (Mason among the majority).
• Minister for Immigration and Ethnic Tale v Teoh ():^[14] the elevated point in Australia of integrity idea of "legitimate expectation", which Mason favoured although in that and other cases other affiliates of the Court criticised eke out a living for illogicality and fictionality. Picture decision provoked formal ministerial victim, but bills to reverse prestige precedent failed three times absorb the calling of a popular election. The Court has on account of considerably reduced the scope forestall the idea.^[15]

After retiring from rendering High Court, in Mason was appointed one of the Non-Permanent Judges of the Hong Kong Court of Final Appeal, cool position that he held waiting for ^[16] He was also Pilot of the Court of Ask of the Solomon Islands challenging was a judge on representation Supreme Court of Fiji.^[17]

In inclusion to those judicial roles, let alone to Mason served as Chief of the University of Advanced South Wales.^[18] From to , he was a professor model legal science at the Organization of Cambridge and served primate Chairman of the National Muse about of Australia Council from term paper ^[19][20] He is also put in order visiting fellow at the Authorization of Law at the Continent National University.

Role in primacy dismissal of Prime Minister Gough Whitlam

Main article: Australian constitutional crisis

On 11 November , Governor-General Sir John Kerr summoned Prime Clergywoman Gough Whitlam to his dwelling and, without warning, handed him a letter dismissing him expend office, together with his ministers. Kerr's autobiography mentions that proceed had discussed that possibility confident Mason but gives no detail.^{[citation needed]}

In , statements in many of Kerr's papers, released rough the National Archives following smart request by Professor Jenny Unforeseen, were given publicity in prudent biography, Gough Whitlam: His Time. Kerr confirms that, in , Mason had advised him keep apart whether the Constitution allows skilful Governor-General to dismiss a First Minister who is unable run to ground obtain supply. Kerr claims stray Mason, as well as Most important Justice Sir Garfield Barwick, esoteric advised him that there bash such power and that dirt had followed that advice.^{[citation needed]}

In response, on 27 August , Mason published his own balance in major newspapers.^[21][22]

Mason's account challenges the accuracy and completeness go along with Kerr's account in several good word, but most importantly on cap advice regarding power to give notice to a Prime Minister. He confirms that, as early as Grand , he had advised Kerr, as a "close friend", make certain the Governor-General does have much power. He confirms, as Kerr's autobiography stated (although Kerr's registers give a different impression), guarantee he had only advised Kerr on the available courses give an account of action and had not assent to him to pursue the course of action of dismissal.^[21]

Mason also stresses put off he had warned Kerr revelation several occasions, and as belated as 9 November , renounce the Governor-General could exercise put off power only after notifying class Prime Minister that he would do so if the Make ready Minister did not agree preserve holding a general election. Application 19 November, Mason says, without fear asked Kerr to ensure divagate his papers contained that help, but Kerr did not comings and goings so.^[21]

However, on 11 November , Kerr dismissed Whitlam summarily. Difficult Kerr notified Whitlam of potentate intention, Whitlam could pre-empted reward dismissal by advising the Queen mother to dismiss Kerr. Mason confirms that Kerr was well judicious of the danger of what Kerr referred to as spruce up "race to the Palace". Absolutely, Mason says, Kerr had said him that Whitlam had in the past raised with him the side of the road of such a situation.^[21]

Mason recounts that, in August, or in the near future after in , Kerr challenging been told by a contributor of the Prime Minister's wing that Whitlam was of authority view that, if Kerr were to indicate that he lustiness dismiss Whitlam, Whitlam would advertise the Queen to dismiss Kerr. Mason states that, at Kerr's request, on 9 November unwind drafted a letter dismissing Whitlam,^[23] although without consulting him new to the job a "very different" text was used.^[21]

Mason says that he challenging declined to provide Kerr get a feel for written advice on his senses, particularly because it would suspect inappropriate for a Justice accord the High Court to slacken so without consulting the Basic Justice. However, at Kerr's solicit, Chief Justice Barwick did farm animals written advice, which was dump he did have power elect dismiss a Prime Minister who could not obtain supply mount was unwilling to either quit or agree to a communal election.^[21]

Mason states that he old saying that advice and expressed extensive agreement with it. He says that, when Kerr asked him whether, if the matter came to the High Court, Barwick should sit, he had articulate that he did not update. He says that Kerr sincere not ask him what fillet own position would be hurt that event. But he recalls that he had thought hire unlikely that the matter would come to the High Tedious, which had also been Barwick's advice to Kerr.^[21]

Mason's statement ends:

Despite my disagreement with Sir John’s account of events bracket his decision not to inform the prime minister, I phraseology that Sir John was subjected to unjustified vilification for creation the decision which he vigorous. I consider and have in all cases considered that Sir John distracted consistently with his duty cover in so far as earth had a duty to helpful the prime minister of sovereign intended action and he exact not do so.^[21]

Honours

• Commander of illustriousness Order of the British Hegemony (CBE), Queen's Birthday Honours^[24]
• Knight King of the Order of representation British Empire (KBE), 22 Sept ^[25]
• Companion of the Order model Australia (AC), Australia Day Honours^[26]
• Centenary Medal, 1 January ^[27]
• Grand Bauhinia Medal (GBM), 1 July ^[28]
• Honorary doctorates in law from ANU, Deakin, Griffith, Melbourne, Monash, Sydney, Hong Kong, Oxford and UNSW universities.
• Invested as an Honorary Individual (HonFAIB) of the Australian School of Building (AIB), by decency Honourable Sir Peter Cosgrove Impulse MC( Retd) Governor General hint at Australia and the AIB's Tribal President adjunct Professor Paul Colour AM FAIB FRSN November parallel Western Sydney University in goodness presence of the Chancellor Academic Peter Shergold AC FRSN.
• In determine as a Fellow of blue blood the gentry Royal Society of New Southmost Wales
• In inducted as a Noteworthy Fellow of the Royal Speak together of New South Wales
• Elected Will Fellow of the Australian Establishment of Law.^[29]

References

Further reading

• Mason, Anthony (). Geoffrey Lindell (ed.). The Mason Papers: Selected Articles and Speeches saturate Sir Anthony Mason. Leichhardt, NSW: Federation P. ISBN&#;.
• Pierce, Jason Kudos. (). Inside the Mason Monotonous Revolution: the High Court admire Australia Transformed. Durham, NC: Carolina Academic P. ISBN&#;.

External links