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International Law

: Freedom to Differ

The Great Dissenter

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On Monday Justice Kirby will retire from the High Court of Australia.  In today's The Australian there are two pieces on Justice Kirby's contribution, one by Michael Pelly and another by Professor Michael Lavarch.  Although only time will tell if the judicial philoposhy evident in Justice Kirby's judgments, many of which were in dissent, will be vindicated, what is not in doubt is his remarkable contribution as a public intellectual.  One feature of this role has been his willingness to be involved in legal education; he has no doubt spoken at almost every Australian law school at one time or another (many on several occasions) and has always given his time, energy and insight generously.  However, he is a hero to so many law students not just because of this generosity but also as a result of his progressive judicial philosophy, his clear and compelling writing style (which students particularly appreciate) and his good humour.  One example of this is in his contributions to the University of Queensland Law Revue over the last decade, as James Tinniswood recounts:

To many, his Honour will be remembered for his liberal views, high rate of dissenting judgments (and being damn proud of it) and advocacy of gay rights.



For me, I'll remember him for doing some ripper cameos in the Revue for us. He was a great sport about doing this one in 2006...





He also did a quick direct to camera spot to open the 2004 show (which I don't have access to unfortunately), where he said something like

"Hello, I'm Michael Kirby and welcome to the Law Revue. Sit up, pay attention and no messing about in the stalls. That's a unanimous decision of the High Court. No dissents.

And while that was cute, I felt it was a comedic opportunity wasted.



So luckily, he happened to be coming back to UQ in early 2006 to give a speech about his ten years on the High Court, and we snagged him for about ten minutes before he had to give the speech. He nailed it in one take, even ad libbed the banging of the table and "think original" (which happened to be the theme of his speech).



He talked to us about his fondness for the recently deceased Harry Gibbs (the former Chief Justice after whom the moot court at T.C. Beirne was named) and we had a photo snapped of us in front of Sir Harry's portrait. I never did see that photo, but it was very cool thing of Justice Kirby to do for us.

Read more here.  As of Monday Justice Kirby will no longer be a judge of the High Court of Australia, but I have a feeling he will continue to be a present and persuasive figure in matters of public importance for a consierable time to come.

Full post as published by Freedom to Differ on January 29, 2009 (boomark / email).

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