A Foundational, not Towering, Judge

A Foundational, not Towering, Judge

Mara MALAGODI

Dramatic political circumstances may give rise to a particular type of towering judicial figures. An explosive context has the potential to trigger a sort of “fight or flight” judicial response; thus, those judges who demonstrate the resilience, confidence, and moral integrity to stand their ground amidst cataclysmic events and political storms represent a subset of heroic judges.

See the full post on our Symposium Partner, the ICONnect Blog: here

Read More

Chief Justice Barak’s Legal Revolutions and What Remains of Them: The Authoritarian Abuse of the Judicial-Empowerment Revolution

Chief Justice Barak’s Legal Revolutions and What Remains of Them: The Authoritarian Abuse of the Judicial-Empowerment Revolution

Alon HAREL

Much has been written in Israel about the constitutional or, more broadly, the legal revolution instigated to a large extent by the retired, highly influential, Chief Justice Aharon Barak whose name has become identified with the new Israeli jurisprudence. In recent years however, some theorists have been talking about the counter-revolution.

Read More

Judicial Minimalism as Heroic: Chief Justice Chan Sek Keong, Singapore’s Unlikely Towering Judge

Judicial Minimalism as Heroic: Chief Justice Chan Sek Keong, Singapore’s Unlikely Towering Judge

Jaclyn NEO & Kevin TAN

Judges can only ‘tower’ in environs where appropriate opportunities exist for them to do so. For that reason, they are more likely to be found in common law than civil law jurisdictions. They are also more likely to emerge in younger jurisdictions where the law is less settled or where local conditions require a significant departure from the established judicial canons. On that score, a towering judge should have emerged in Singapore a long time ago…

See the full post on our Symposium Partner, the ICONnect Blog: here

Read More

Sir Anthony Mason: Towering over the High Court of Australia

Sir Anthony Mason: Towering over the High Court of Australia

Gabrielle APPLEBY & Andrew LYNCH

Two figures tower over the history of the High Court of Australia: Sir Owen Dixon (1929-1964) and Sir Anthony Mason (1972-1995). While our argument is that it is Mason who has risen to be the contemporary towering jurist of Australia’s High Court, they both remain obvious contenders for the appellation of a ‘Towering Justice’ in Australia,…

See the full post on our Symposium Partner, the ICONnect Blog: here

Read More

Towering Judges in Comparative Perspective: Introduction

Towering Judges in Comparative Perspective: Introduction

Iddo PORAT and Rehan ABEYRATNE

On January 25-26, we convened a conference at the Chinese University of Hong Kong, Faculty of Law, bringing together leading constitutional scholars to discuss a new topic in comparative perspective: ‘Towering Judges’. All told, we discussed 13 judges from 12 jurisdictions and two general papers. This Blog Symposium, co-hosted by IACL-AIDC and ICONnect, will give readers a snapshot…

Read More

Editors' Introduction: What makes a Judge a ‘Towering Judge’?

Editors' Introduction: What makes a Judge a ‘Towering Judge’?

Erika ARBAN & Tom Gerald DALY

This Blog Symposium is based on a recent conference on ‘Towering Judges’, organised by Rehan Abeyratne and Iddo Porat and held at the Chinese University of Hong Kong Faculty of Law on 25-26 January 2019. The conference brought together leading constitutional scholars to discuss the topic of prominent or pivotal judges in multiple states, and from a global perspective.

Read More