About Me

My photo
Australian philosopher, literary critic, legal scholar, and professional writer. Based in Newcastle, NSW. My latest books are THE TYRANNY OF OPINION: CONFORMITY AND THE FUTURE OF LIBERALISM (2019); AT THE DAWN OF A GREAT TRANSITION: THE QUESTION OF RADICAL ENHANCEMENT (2021); and HOW WE BECAME POST-LIBERAL: THE RISE AND FALL OF TOLERATION (2024).

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!