The Victorian cases of DPP v Walters and Boulton v The Queen demonstrate how textualist arguments can be used to sustain judgments that clearly do not accord with the legislative intent of Parliament. These cases involved courts engaged in supposedly textualist analysis that resulted in interpretations of statutes that were clearly and wholly inconsistent with … Continue reading Reflections on DPP v Walters and Boutlon v The Queen
The science grad asks, “Why does it work?” The engineering grad asks, “How does it work?” The accounting grad asks, “How much will it cost?” The arts grad asks, "Do you want fries with that? Having completed a BA before commencing my JD, I'm no stranger to the all-too-common wisecrack that Arts graduates struggle to … Continue reading Why study the humanities over the natural sciences
In Australia, it is well-established (see eg Paul v Constance) that the creation of a trust requires a sufficiently clear manifestation of intent on the part of the supposed settlor (the 'certainty of intention' requirement). Generally, the requisite intention is said to be evinced by the use of language bearing a sufficiently imperative character. The … Continue reading Precatory words, Love and the law of equity
Like several Rob Reiner films, Flipped (2010) is a hidden gem that you could be forgiven for overlooking as a consequence of some questionable marketing that doesn't do it justice. It’s almost criminally underrated, with a 55% rating on rotten tomatoes and a 45 on Metacritic. Its user ratings are better (78% and 7.9 respectively), … Continue reading Thoughts on film: ‘Flipped’
Designing a political system from the ground up is no doubt a complex and contentious challenge. This challenge is something I have had ample opportunity to contemplate as I have studied Advanced Constitutional Law this semester. What is clear is that there are many different approaches that may be adopted, many different principles that may … Continue reading Why Originalism?
Lawyers, judges, politicians, academics and philosophers often appeal to notions of ‘justice’ in public debate and civic discourse. But what the term ‘justice’ actually means is often loosely defined and uncritically understood. Oxford defines justice in terms of ‘just behaviour or treatment’ and ‘the quality of being fair and reasonable’. Cambridge defines justice as ‘the … Continue reading Why justice matters