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Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government - drawing from interviews with over 45 government and judicial officials - to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world
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The Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.
Justice, Administration of --- Courts --- Judges --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Legal status, laws, etc. --- Officials and employees
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At a time when the operation and reform of federal relations within Australia is squarely on the political agenda, this volume brings together eminent lawyers, economists and political scientists who explain, analyse and evaluate the theory and principles underpinning the Australian federal system. Topics covered include the High Court's approach to the interpretation of the Constitution and how this has influenced federal relations in practice; different forms of inter-governmental co-operative arrangements; fiscal relations between the Commonwealth and the States; and emergent ethno-cultural and socioeconomic diversity within the Australian Federation. Comparative perspectives from Germany, America, Canada, Switzerland, India and the European Union provide unique prisms through which to view the operation of the Australian system and to contemplate its reform.
Federal government --- Separation of powers --- Checks and balances (Separation of powers) --- Division of powers --- Powers, Separation of --- Constitutional law --- Political science --- Delegation of powers --- Executive power --- Judicial independence --- Judicial power --- Judicial review --- Legislative power --- Federal-provincial relations --- Federal-state relations --- Federal systems --- Federalism --- Powers, Division of --- Provincial-federal relations --- State-federal relations --- Central-local government relations --- Decentralization in government --- Law and legislation --- Political systems --- Australia --- Law --- General and Others
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