The High Court Under Chief Justice Robert French

(2017) 91 Australian Law Journal 53

UNSW Law Research Paper No. 17-10

20 Pages Posted: 20 Feb 2017

See all articles by Harry Hobbs

Harry Hobbs

University of Technology Sydney, Faculty of Law

Andrew Lynch

University of New South Wales

George Williams

University of New South Wales (UNSW) - Faculty of Law

Date Written: January 1, 2017

Abstract

On Chief Justice Robert French’s retirement from the High Court of Australia, it is appropriate to reflect on his impact and legacy. In this article we first revisit the circumstances of Chief Justice French’s appointment, before offering an overview of the dynamics of the French Court, noting the patterns of decision-making that emerged during his tenure. We then examine the French Court’s constitutional law jurisprudence, focusing on the three dominant and most contentious areas of its activity: cases on the executive power of the Commonwealth; the Ch III restrictions on State legislative power; and the legal problems raised by Australia’s asylum seeker policies.

Keywords: High Court of Australia, Chief Justice, retirement, resignation, decision-making, constitution, executive power, Ch III, asylum seekers

Suggested Citation

Hobbs, Harry and Lynch, Andrew and Williams, George, The High Court Under Chief Justice Robert French (January 1, 2017). (2017) 91 Australian Law Journal 53; UNSW Law Research Paper No. 17-10. Available at SSRN: https://ssrn.com/abstract=2920425

Harry Hobbs

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Andrew Lynch (Contact Author)

University of New South Wales ( email )

Kensington
High St
Sydney NSW 2052
Australia

George Williams

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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