Anthony Mason
Encyclopedia
Sir Anthony Frank Mason, AC
, KBE
, QC
(born 21 April 1925), Australia
n judge
and Royal Australian Air Force
officer, was the ninth Chief Justice
of the High Court of Australia
, sitting on the bench of the High Court from 1972 to 1995.
, where he grew up, Anthony Mason was a student at Sydney Grammar School
, where his two sons also attended and currently his two grandsons attend. During World War II
, Sir Anthony Mason served in the Royal Australian Air Force, holding the rank of Flying Officer
. After the war, he studied at the University of Sydney
, graduating with the degrees of Bachelor of Arts and Bachelor of Laws.
in 1964. For five years, Mason lectured in law at the University of Sydney
, his students including two future High Court Justices, Mary Gaudron and William Gummow
. Mason was the Commonwealth Solicitor-General from 1964 to 1969. During this time, he contributed greatly to the development of the Commonwealth's administrative law
system.
, where he sat as a member of the Court of Appeal
. He held this position until 1972, when he was appointed to the bench of the High Court of Australia
. After fifteen years on the bench, and following the retirement of Sir Harry Gibbs
, Mason was appointed Chief Justice of the High Court in 1987. Mason retired from the Court in 1995. After his retirement from the High Court of Australia, Mason was appointed as one of the non-permanent Justices of the Hong Kong Court of Final Appeal.
Mason had a significant influence over the High Court. Initially a conservative judge, his tenure as Chief Justice can be seen as the high-water mark of the movement away from the "strict legalism" which characterised the High Court under Sir Owen Dixon
. Mason was more flexible in his attitude to precedent
than many other judges, viewing it more as a policy for consistency than something which would strictly coerce and constrain his decisions. During the years of the "Mason Court", there were a variety of important cases decided, including Mabo v Queensland (No.2) and Australian Capital Television Pty Ltd v Commonwealth
.
From 1994 to 1999 Mason served as the Chancellor of the University of New South Wales http://www.recordkeeping.unsw.edu.au/historicalresources/onlineexhibitions/chancellor.html#mason. From 1996 to 1997, Mason was a Professor of legal science at the University of Cambridge
in Cambridge
, United Kingdom
. In 1997, Mason was made a non-permanent judge of the Hong Kong Court of Final Appeal. He still currently holds that position. Mason is also a Visiting Fellow at the Faculty of Law at the Australian National University
.
Fitzpatrick-Browne privilege case (R v Richards ex parte Fitzpatrick & Browne (1955) 92 CLR 157
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
, KBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 21 April 1925), Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and Royal Australian Air Force
Royal Australian Air Force
The Royal Australian Air Force is the air force branch of the Australian Defence Force. The RAAF was formed in March 1921. It continues the traditions of the Australian Flying Corps , which was formed on 22 October 1912. The RAAF has taken part in many of the 20th century's major conflicts...
officer, was the ninth Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, sitting on the bench of the High Court from 1972 to 1995.
Education
In SydneySydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, where he grew up, Anthony Mason was a student at Sydney Grammar School
Sydney Grammar School
Sydney Grammar School is an independent, non-denominational, selective, day school for boys, located in Darlinghurst, Edgecliff and St Ives, all suburbs of Sydney, New South Wales, Australia....
, where his two sons also attended and currently his two grandsons attend. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Sir Anthony Mason served in the Royal Australian Air Force, holding the rank of Flying Officer
Flying Officer
Flying officer is a junior commissioned rank in the Royal Air Force and the air forces of many countries which have historical British influence...
. After the war, he studied at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
, graduating with the degrees of Bachelor of Arts and Bachelor of Laws.
Legal career
Mason was admitted to the New South Wales Bar in 1951, and was appointed a Queen's CounselQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1964. For five years, Mason lectured in law at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
, his students including two future High Court Justices, Mary Gaudron and William Gummow
William Gummow
William Montague Charles Gummow AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:...
. Mason was the Commonwealth Solicitor-General from 1964 to 1969. During this time, he contributed greatly to the development of the Commonwealth's administrative law
Australian administrative law
Australian administrative law define the extent of the powers and responsibilities held by administrative agencies of the Australian government. It is a common law system, with a highly significant statutory overlay that has shifted focus to generalist tribunals and codified judicial...
system.
Judicial career
In 1969, Mason was made a judge of the Supreme Court of New South WalesSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, where he sat as a member of the Court of Appeal
Court of Appeal of New South Wales
The New South Wales Court of Appeal is the highest civil state court for the Australian State of New South Wales. It forms part of the Supreme Court of New South Wales.-History:...
. He held this position until 1972, when he was appointed to the bench of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. After fifteen years on the bench, and following the retirement of Sir Harry Gibbs
Harry Gibbs
Sir Harry Talbot Gibbs, GCMG, AC, KBE, QC was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981...
, Mason was appointed Chief Justice of the High Court in 1987. Mason retired from the Court in 1995. After his retirement from the High Court of Australia, Mason was appointed as one of the non-permanent Justices of the Hong Kong Court of Final Appeal.
Mason had a significant influence over the High Court. Initially a conservative judge, his tenure as Chief Justice can be seen as the high-water mark of the movement away from the "strict legalism" which characterised the High Court under Sir Owen Dixon
Owen Dixon
Sir Owen Dixon, OM, GCMG, KC Australian judge and diplomat, was the sixth Chief Justice of Australia. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.-Education:Dixon...
. Mason was more flexible in his attitude to precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
than many other judges, viewing it more as a policy for consistency than something which would strictly coerce and constrain his decisions. During the years of the "Mason Court", there were a variety of important cases decided, including Mabo v Queensland (No.2) and Australian Capital Television Pty Ltd v Commonwealth
Australian Capital Television Pty Ltd v Commonwealth
Australian Capital Television v Commonwealth 177 CLR 106 was a significant court case decided in the High Court of Australia on 30 September 1992...
.
From 1994 to 1999 Mason served as the Chancellor of the University of New South Wales http://www.recordkeeping.unsw.edu.au/historicalresources/onlineexhibitions/chancellor.html#mason. From 1996 to 1997, Mason was a Professor of legal science at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
in Cambridge
Cambridge
The city of Cambridge is a university town and the administrative centre of the county of Cambridgeshire, England. It lies in East Anglia about north of London. Cambridge is at the heart of the high-technology centre known as Silicon Fen – a play on Silicon Valley and the fens surrounding the...
, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. In 1997, Mason was made a non-permanent judge of the Hong Kong Court of Final Appeal. He still currently holds that position. Mason is also a Visiting Fellow at the Faculty of Law at the Australian National University
Australian National University
The Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students...
.
Honours
- Commander of the Order of the British EmpireOrder of the British EmpireThe Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(CBE), 1969 Queen's Birthday Honours - Knight Commander of the Order of the British Empire (KBE), 22 September 1972
- Companion of the Order of AustraliaOrder of AustraliaThe Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
(AC), 1988 Australia Day Honours - Centenary Medal, 1 January 2001
- Honorary doctorates in law from ANUAustralian National UniversityThe Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students...
, DeakinDeakin UniversityDeakin University is an Australian public university with nearly 40,000 higher education students in 2010. It receives more than A$600 million in operating revenue annually, and controls more than A$1.3 billion in assets. It received more than A$35 million in research income in 2009 and had 835...
, GriffithGriffith UniversityGriffith University is a public, coeducational, research university located in the southeastern region of the Australian state of Queensland. The university has five satellite campuses located in the Gold Coast, Logan City and in the Brisbane suburbs of Mount Gravatt, Nathan and South Bank. Current...
, MelbourneUniversity of MelbourneThe University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
, MonashMonash UniversityMonash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
, Sydney, Hong Kong, Oxford and UNSWUniversity of New South WalesThe University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
universities.
External links
- Sir Gerard BrennanGerard BrennanSir Francis Gerard Brennan, AC, KBE, QC , is an Australian lawyer, judge and 10th Chief Justice of Australia. He is father to Jesuit priest and lawyer Frank Brennan....
– A Tribute to The Hon. Sir Anthony Mason, AC KBE - Justice Michael McHughMichael McHughMichael Hudson McHugh, AC, QC is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy.-Judicial Activity:...
– The Constitutional Jurisprudence of the High Court: 1989-2004
Fitzpatrick-Browne privilege case (R v Richards ex parte Fitzpatrick & Browne (1955) 92 CLR 157