Sir anthony mason biography examples

Australian judge

Sir Anthony Outspoken MasonAC KBEGBMKCHonFAIB DistFRSN (born 21 Apr 1925) is an Australian deft who served as the ordinal Chief Justice of Australia, check office from 1987 to 1995. He was first appointed purify the High Court in 1972, having previously served on birth Supreme Court of New Southward Wales.

Early life

Mason was intelligent in Sydney on 21 Apr 1925.^[1] He was one bear out four children born to Eileen (née McArdle) and Frank Maxwell Stonemason. His father, a World Fighting I veteran and Military Bear recipient, was a registered surveyor who developed a substantial groom on the North Shore produce Sydney.

He served terms kind president of the New Southern Wales bodies for surveying talented town planning.^[2]

Mason received his prematurely education at Kincoppal, Elizabeth Niche, where he was an experience of future federal attorney-general Take it easy Hughes.^[3] He went on assess attend Sydney Grammar School subject became interested in law hurry his uncle Harold Mason, ingenious prominent Sydney barrister who served briefly in state parliament.^[1] Wreath mother had also intended unwind become a barrister from straight young age.^[4] Mason's father divorced his mother in 1936, perfect the grounds she had plighted in "habitual drunkenness and pay no attention to of domestic duties".^[5][6] His priest later remarried to Elvira Upright support "Bobbie" Wood.^[2]

Mason enlisted in representation Royal Australian Air Force (RAAF) in January 1944 as brush aircraftman (AC2).

He was empowered as a flying officer populate November 1944 and undertook assurance in Canada as a pilot, logging over 100 hours harvest Avro Ansons.^[7] He was dismissed in September 1945, at which time he was stationed funny story the 2nd Aircrew Graduate Routine School in Calgary.^[8]

After leaving integrity military, Mason enrolled at excellence University of Sydney to burn the midnight oil arts and law, graduating region first-class honours.^[1] He later recede Julius Stone as an successful lecturer and credited John Writer with inspiring his interest border line constitutional law.^[4] He served dominion articles of clerkship with Clayton Utz in Sydney and was also an associate to Painter Roper, a judge of depiction Supreme Court of New Southeast Wales.^[1]

Legal career

Mason was admitted form the New South Wales Prevent.

For five years he lectured in law at the Routine of Sydney, his students with three future High Court Justices, Mary Gaudron, William Gummow skull Dyson Heydon. In November 1964, aged 39, Mason was declared as the new Solicitor-General neat as a new pin Australia, with an accompanying time as Queen's Counsel (QC). Smartness was the first person fight back serve as solicitor-general in elegant standalone capacity, as the nerve centre had previously been held vulgar the secretary of the Attorney-General's Department.^[9] In 1966 he exposed opposite future High Court comrade William Deane, successfully arguing go the Judicial Committee of rectitude Privy Council should reject program appeal from the High Challenge case of R v Anderson; Ex parte IPEC-Air Pty Ltd.^[10] He served until 1969 add-on during this time contributed decidedly to the development of rendering Commonwealth's administrative law system.

Judicial career

In 1969, Mason was required a judge of the Nonpareil Court of New South Cambria, where he sat as clean up member of the Court disruption Appeal. In the same gathering he was appointed by decency Gorton government to a three-year term on the council make public the Australian National University.^[11] Perform served on the Supreme Press one`s suit with until 1972, when he was appointed to the bench dear the High Court of Australia^[12] and received a knighthood (KBE).

After fifteen years on rendering High Court, and following rendering retirement of Sir Harry Chemist, in 1987 Mason was qualified Chief Justice; he retired ton 1995 on reaching the constitutionally mandatory retirement age of 70.

Mason had a significant importance over the High Court. In the early stages a conservative judge, his holding as Chief Justice can adjust seen as the high-water spot of the movement away exotic the "strict legalism" which defined the High Court under Sir Owen Dixon.

Mason was finer flexible in his attitude memorandum precedent than many other book, viewing it more as unmixed policy for consistency than substance which would strictly coerce accept constrain his decisions.

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

No provision of the Constitution has been the source of worthier judicial concern or the indirect route of greater judicial effort better s.92.

That notwithstanding, judicial construction of the section has lose neither clarity of meaning blurry certainty of operation. Over loftiness years the Court has hollow uneasily between one interpretation brook another in its endeavours admit solve the problems thrown reach its conclusion by the necessity to utilize the very general language racket the section to a extensive variety of legislative and authentic situations.

Indeed, these shifts receive been such as to consider it difficult to speak carry the section as having concluded a settled or accepted clarification at any time since alliance. The interpretation which came later to achieving that degree pointer acceptance was that embodying nobleness criterion of operation formula which we shall subsequently examine interpose some detail.

That formula exposed to have the advantage appreciate certainty, but that advantage up to be illusory. Its deprivation was that it was anxious only with the formal framework of an impugned law additional ignored its real or research effect.

For the first time, nobility Constitution was interpreted with precise reference to records of magnanimity constitutional conventions of the Decennary in which the text tablets the Constitution had been prearranged (a good edition of greatness records had recently appeared).

Excellence Court also examined not unique the "legal" operation of unblended law (its effects upon licit 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 trusting and the Court soon separate in attempts to apply picture criterion of practical operation oratory bombast more complex facts: Bath with no holds barred Alston Holdings (1988) and Castlemaine Tooheys v South Australia (1990).

• Polyukhovich v Commonwealth (1991): Mason was in the 4:3 majority who decided, although for a group of reasons, that retrospective contest crimes legislation applying to word in Europe during World Fighting II was a valid draw on of the external affairs arduousness, Constitution section 51(xxix), and was consistent with the judicial continue of the Commonwealth, Constitution set III.
• Mabo v Queensland (No.2) (1992): the colonialist doctrine of terra nullius was superseded by levying "native title" into Australian criticize.

  The decision provoked allegations be paid "judicial activism", but was any minute now given statutory form in magnanimity Native Title Act 1993 (Cth).

• Australian Capital Television v Commonwealth (1992) and (decided on the duplicate day) Nationwide News v Wills (1992): an important stage bother the emergence of a constitutionally implied "freedom of political communication".

  The Mason Court continued that development until 1994, but become was not to receive harmonious support on the Court till such time as after Mason's departure, in Lange v Australian Broadcasting Corporation (1997). This freedom was considered arrangement be implicit in Constitution sections 7 and 24, which contribute that the Commonwealth Parliament shall be "directly chosen by description people".

  However, the Court has remained reluctant to find new to the job implied freedoms. It has besides continued to understand such fine "freedom" as a limitation go into legislative power and not, maw least directly, a personal permission or right.^[13]

• Dietrich v The Queen (1992): an accused is indulged to publicly funded legal avenue where that is necessary strengthen a fair trial (Mason halfway the majority).
• Minister for Immigration boss Ethnic Affairs v Teoh (1995):^[14] the high point in Land of the idea of "legitimate expectation", which Mason favoured tho' in this and other cases other members of the Regard criticised it for illogicality concentrate on fictionality.

  The decision provoked frost ministerial objections, but bills draw attention to reverse the precedent failed pair times with the calling depose a general election. The Scan has since considerably reduced loftiness scope of the idea.^[15]

After coy from the High Court, dynasty 1997 Mason was appointed distinct of the Non-Permanent Judges type the Hong Kong Court go with Final Appeal, a position renounce he held until 2015.^[16] Oversight was also President of description Court of Appeal of distinction Solomon Islands and was well-organized judge on the Supreme Monotonous of Fiji.^[17]

In addition to those judicial roles, from 1994 don 1999 Mason served as Pm of the University of Pristine South Wales.^[18] From 1996 tongue-lash 1997, he was a prof of legal science at integrity University of Cambridge and served as Chairman of the Ethnological Library of Australia Council cheat 1995 to 1998.^[19][20] He anticipation also a visiting fellow recoil the Faculty of Law sought-after the Australian National University.

Role in the dismissal of Crucial Minister Gough Whitlam

Main article: 1975 Australian constitutional crisis

On 11 Nov 1975, Governor-General Sir John Kerr summoned Prime Minister Gough Whitlam to his residence and, lacking in warning, handed him a slaughter dismissing him from office, get out with his ministers.

Kerr's 1978 autobiography mentions that he difficult discussed that possibility with Actor but gives no detail.^{[citation needed]}

In 2012, statements in some additional Kerr's papers, released by rendering National Archives following a plead for by Professor Jenny Hocking, were given publicity in her autobiography, Gough Whitlam: His Time.

Kerr confirms that, in 1975, Craftsman had advised him on like it the Constitution allows a Governor-General to dismiss a Prime Path who is unable to trace supply. Kerr claims that Craftsman, as well as Chief Injure Sir Garfield Barwick, had impractical him that there is much power and that he difficult to understand followed that advice.^{[citation needed]}

In retort, on 27 August 2012, Artisan published his own account security major newspapers.^[21][22]

Mason's account challenges excellence accuracy and completeness of Kerr's account in several respects, however most importantly on his guidance regarding power to dismiss first-class Prime Minister.

He confirms range, as early as August 1975, he had advised Kerr, gorilla a "close friend", that rendering Governor-General does have such extend. He confirms, as Kerr's reminiscences annals stated (although Kerr's papers cooperation a different impression), that purify had only advised Kerr selfcontrol the available courses of sparkle and had not advised him to pursue the course show signs of dismissal.^[21]

Mason also stresses that subside had warned Kerr on many occasions, and as late gorilla 9 November 1975, that righteousness Governor-General could exercise that administrate only after notifying the Top Minister that he would comings and goings so if the Prime Preacher did not agree to possession a general election.

On 19 November, Mason says, he without prompting Kerr to ensure that papers contained that warning, on the other hand Kerr did not do so.^[21]

However, on 11 November 1975, Kerr dismissed Whitlam summarily. Had Kerr notified Whitlam of his basis, Whitlam could pre-empted his ejection by advising the Queen propose dismiss Kerr.

Mason confirms stray Kerr was well aware do in advance the danger of what Kerr referred to as a "race to the Palace". Indeed, Actor says, Kerr had told him that Whitlam had once peer with him the possibility confront such a situation.^[21]

Mason recounts desert, in August, or soon funding in 1975, Kerr had archaic told by a member cataclysm the Prime Minister's department go off at a tangent Whitlam was of the musical that, if Kerr were work to rule indicate that he might overthrow Whitlam, Whitlam would advise goodness Queen to dismiss Kerr.

Craftsman states that, at Kerr's attraction, on 9 November he drafted a letter dismissing Whitlam,^[23] even though without consulting him further on the rocks "very different" text was used.^[21]

Mason says that he had declined to provide Kerr with foreordained advice on his powers, remarkably because it would be beneath the dignity of for a Justice of honesty High Court to do tolerable without consulting the Chief Offend.

However, at Kerr's request, Central Justice Barwick did provide fated advice, which was that let go did have power to discharge a Prime Minister who could not obtain supply and was unwilling to either resign put out of order agree to a general election.^[21]

Mason states that he saw meander advice and expressed broad match with it.

He says go off, when Kerr asked him willy-nilly, if the matter came hurt the High Court, Barwick be obliged sit, he had said desert he did not know. Illegal says that Kerr did classify ask him what his brake position would be in roam event. But he recalls prowl he had thought it small that the matter would revenue to the High Court, which had also been Barwick's facilitate to Kerr.^[21]

Mason's statement ends:

Despite my disagreement with Sir John’s account of events and rule decision not to warn glory prime minister, I consider renounce Sir John was subjected be determined unjustified vilification for making position decision which he made.

Berserk consider and have always ostensible that Sir John acted inevitably with his duty except consider it so far as he difficult to understand a duty to warn significance prime minister of his lucky break action and he did arrange do so.^[21]

Honours

• Commander of the Course of the British Empire (CBE), 1969 Queen's Birthday Honours^[24]
• Knight Head of state of the Order of leadership British Empire (KBE), 22 Sept 1972^[25]
• Companion of the Order addict Australia (AC), 1988 Australia Apportion Honours^[26]
• Centenary Medal, 1 January 2001^[27]
• Grand Bauhinia Medal (GBM), 1 July 2013^[28]
• Honorary doctorates in law shake off ANU, Deakin, Griffith, Melbourne, Monash, Sydney, Hong Kong, Oxford point of view UNSW universities.
• Invested as an Optional Fellow (HonFAIB) of the Indweller Institute of Building (AIB), brush aside the Honourable Sir Peter Cosgrove AK MC( Retd) Governor Common of Australia and the AIB's National President adjunct Professor Undesirable Heather AM FAIB FRSN Nov 2017 at Western Sydney Code of practice in the presence of say publicly Chancellor Professor Peter Shergold AC FRSN.
• In 2018 elected as well-ordered Fellow of the Royal Theatre company of New South Wales
• In 2019 inducted as a Distinguished Boy of the Royal Society confiscate New South Wales
• Elected Life Boy of the Australian Academy grow mouldy Law.^[29]

References

Further reading

• Mason, Anthony (2007). Geoffrey Lindell (ed.). The Mason Papers: Selected Articles and Speeches alongside Sir Anthony Mason.

  Leichhardt, NSW: Federation P. ISBN .

• Pierce, Jason Acclaim. (2006). Inside the Mason Stare at Revolution: the High Court method Australia Transformed. Durham, NC: Carolina Academic P. ISBN .

External links