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Australian philosopher, literary critic, legal scholar, and professional writer. Based in Newcastle, NSW. Author of FREEDOM OF RELIGION AND THE SECULAR STATE (2012), HUMANITY ENHANCED (2014), and THE MYSTERY OF MORAL AUTHORITY (2016).

Friday, September 02, 2011

Legal Eagle on the Malaysian "solution" decision

This is a more detailed and accurate analysis than my very quick hot-off-the-presses one. So rely on it instead. I endorse many of its reflections. (The main correction needed to be made to mine is that Justice Kiefer adopted a similar analysis to that of Chief Justice French, as opposed to the "jurisdictional facts" analysis of the other four judges in the majority on the disposition of the case).

1 comment:

Legal Eagle said...

Thank you Russell! Glad that you enjoyed it.

Thanks for the correction too. I have updated the post to make it clear that I did think that Kiefel J rejected the "jurisdictional fact" argument along with French CJ. Upon re-reading the post I realised I wasn't very clear about what I meant there and your reading of my post confirmed that!