Report
'The intelligence of a future day': The vindication of constitutional dissent in the High Court of Australia 1981-2003
The ability of dissents to pave the way for change in the law is regularly cited as one of their virtues. But this examination of a period of the court’s recent history shows that the direct reversal of a precedent in favour of the minority opinion which accompanied it is actually very rare.
Article
Guilt in the minor league
David Hicks admitted nothing more than he had described in letters home, writes Andrew Lynch.
Article
Hasty law-making diminishes the law itself
Legislating now and trying to fix the problems later is a dangerous practice, argues Andrew Lynch.
Report
Does the High Court disagree more often in constitutional cases?
Andrew Lynch tests the assumption that constitutional cases generally produce a heightened level of disagreement among members of the High Court. He finds that although the court decides a higher percentage of constitutional cases over dissenting opinions than it does overall, there is not enough evidence to confirm that the Justices simply disagree per se...
Report
The High Court without McHugh - how might it look?
With the upcoming retirement of Justice Michael McHugh from the High Court, Andrew Lynch discusses his contribution, looks at how his absence will be felt and comments on the future of the bench. This article was written before the federal government appointed Justice Susan Crennan to the High Court