legis.pdf - EMBARGOED TO 6PM THURSDAY 31 JULY VICTORIA LAW...

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EMBARGOED TO 6PM THURSDAY 31 JULY VICTORIA LAW FOUNDATION ORATION MELBOURNE, 31 JULY 2008 THE MEANING OF LEGISLATION: CONTEXT, PURPOSE AND RESPECT FOR FUNDAMENTAL RIGHTS MURRAY GLEESON In deciding civil rights and obligations, or criminal liability, the characteristic function of a judge is to identify the issues for trial, find the facts relevant to those issues, and apply the law to the facts as found. One of the changes making the work of modern judges different from that of their predecessors is that most of the law to be applied is now to be found in Acts of Parliament rather than judge-made principles of common law (in which I include equity). A federal judge devotes almost the whole of his or her judicial time to the application of an Act of the federal Parliament, whether it be about corporations law, or bankruptcy, or family law, or migration. A commercial case before the Supreme ____________________ Chief Justice of Australia.
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