Dissent and Fairness in the Development of the Law
| dc.contributor.advisor | Bourke, Judy | |
| dc.contributor.author | Alamodi, shifa Mohammed | |
| dc.date.accessioned | 2025-04-14T06:56:36Z | |
| dc.date.issued | 2024 | |
| dc.description.abstract | Far from mere disagreement, dissenting judgments are engines of legal evolution. This essay explores how dissent sharpens the common law's understanding of fairness by challenging dominant interpretations and offering principled alternatives. Focusing on Mabo v Queensland (No.2) and Carr v Western Australia, it argues that dissent not only safeguards judicial independence but also bridges legal certainty and social justice-ensuring fairness keeps pace with society's evolving values. | |
| dc.format.extent | 16 | |
| dc.identifier.uri | https://hdl.handle.net/20.500.14154/75184 | |
| dc.language.iso | en | |
| dc.publisher | The University of Melbourne | |
| dc.subject | Common Law in Australia | |
| dc.subject | Dissent and Fairness | |
| dc.subject | Dissent in the Development of the Law | |
| dc.subject | Legal Certainty | |
| dc.subject | Judicial reasoning | |
| dc.subject | Dissenting judgments | |
| dc.subject | Common Law | |
| dc.subject | Judicial independence | |
| dc.title | Dissent and Fairness in the Development of the Law | |
| dc.type | Thesis | |
| sdl.degree.department | Melbourne Law School | |
| sdl.degree.discipline | Fundamentals of the Ccommo Law | |
| sdl.degree.grantor | The University of Melbourne | |
| sdl.degree.name | Masters of Commercial Law | |
| sdl.thesis.source | SACM - Australia |