Great Australian Dissents - 9781316611159

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.

• | Author: Andrew Lynch
• | Publisher: Cambridge University Press
• | Publication Date: Jun 14, 2018
• | Number of Pages: 392 pages
• | Language: English
• | Binding: Paperback/Law
• | ISBN-10: 1316611159
• | ISBN-13: 9781316611159