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The High Court's centenary ... and Vale Jim Cairnes.(Editorial)
THE RUDE HEALTH of our polity at the centenary of the High Court of Australia, celebrated last month, is in part due to the very qualities of that court. It has shown that it can survive the roundabouts of politics and fashion, succumbing to the pressures of both from time to time but over the longer period generally setting its own errors right. Thus it does respond to changing circumstances but with a lag, such that it often resists elected governments and popular opinion, and over time the changing composition of the court corrects for its earlier errors.
The court has never been crudely partisan, despite the abuse to which it has been subjected from the left ...
- Common law and federalism in the age of the regulatory state.
- Magazine article from: Iowa Law Review Klass, Alexandra B. February 1, 2007 700+ words
...extent can the courts use the common law to create more...develop state common law. Moreover, in...where the Supreme Court has cut back on...such progressive common law development at...state common law courts can use federal...
- Common law marriage: who is insured as a spouse? (Coverage Analysis).
- Magazine article from: Claims Hurley, John C. March 1, 2003 700+ words
Common law marriages, although they may not be...not a thing of the past. The issue of common law marriage is interesting in that some...recognize it but will recognize a valid common law marriage entered into validly in a state...
- Common Law Court Movement Worries Law Enforcement
- Transcript from: NPR All Things Considered January 12, 1996 700+ words
...the `Iowa Common Law Court' last fall...government's courts are unconstitutional...common law courts often issue...IOWA COMMON LAW COURT' JUDGE...says these courts are always...says each common law court ruling is...
- The common law and the constitution: a reply.
- Magazine article from: Melbourne University Law Review Stone, Adrienne December 1, 2002 700+ words
...Relationship between the Common Law and the Constitution--The High Court's Doctrine A...Constitution on the Common Law III Explaining the High Court's Doctrine...authority. The High Court has, in effect, subjected the common law to the requirements...
- Towards a common law originalism.
- Magazine article from: Stanford Law Review Meyler, Bernadette December 1, 2006 700+ words
...century usages of the phrase "common law" occur frequently enough to warrant...least four general aspects. The common law implied a particular arrangement...between judge and jury and between common law courts and those of equity. (13) It...
- Federal common law: a structural reinterpretation.
- University of Pennsylvania Law Review Clark, Bradford R. April 1, 1996 700+ words
...to require federal courts to apply state law...11) Federal common law further threatens...by requiring state courts to apply federal...12) The Supreme Court has responded to...scope of federal common law to several well...
- An unconvincing defense.(COMMENTS)(Common-Law Liberty: Rethinking American...
- Magazine article from: Modern Age Shain, Barry Alan March 22, 2006 700+ words
...mastery of English common law and American federal...the contemporary Court and passionately...the most prominent common-law features of the Constitution...in 1938 with the Court's holding in Erie...admission, then, the common law neither played a...
- Why the common law should be only indirectly affected by constitutional...
- Magazine article from: Melbourne University Law Review Taylor, Greg December 1, 2002 700+ words
...argues that the common law should be...the Supreme Court of the United...finetuning), the courts are conceived...those of the common law--which the courts apply are...description of the common law as `private...and the High Court returned to...