Law
Monash Law Faculty’s
21st Lucinda Lecture
“Of lions and squeaking
mice in anxious times”
Emeritus Professor H P Lee,
Monash Law Faculty
From time to time most countries will encounter threats
to the security of the state polity, ranging from a wartime
situation to the contemporary terror threats. Extraordinary
legislation is often resorted to as a means of protecting
public safety. Such legislation inevitably draws the courts
into the spotlight. Perilous times present the courts with
a dilemma. This lecture seeks to canvass that dilemma
and the lessons that can be learnt from past judicial
experience in Australia and some selected jurisdictions.
Thursday 8 October, 2015
6:00pm – 7:00pm (followed by refreshments)
Monash University Law Chambers
555 Lonsdale St, Melbourne
RSVP to law-marketing@monash.edu
AUSTRALIA
CHINA
INDIA
ITALY
MALAYSIA
SOUTH AFRICA
The speaker
Emeritus Professor H P Lee
Professor Hoong Phun (HP) Lee held the Sir John Latham Chair of Law at Monash University
from 1995 – 2014. In his 42 years of service in the Law Faculty, he served as Associate Dean
(International), Associate Dean (Staffing), Deputy Dean and Acting Dean. He was formerly
an Adjunct Professor of Law at the now Charles Darwin University and Adjunct Professor at
the City University of Hong Kong. Professor Lee’s many publications include The Australian
Judiciary (2nd ed, CUP) and Judiciaries in Comparative Perspective (CUP). He is currently
working on a second edition of Constitutional Conflicts in Contemporary Malaysia (OUP).
He was awarded the Australian Press Council Medal in 2011. He was appointed Emeritus
Professor by Monash University in 2015.
The Lucinda Lectures
The SS Lucinda was a steam paddle vessel which occupies a sentimental place in Australian
constitutional history. It was on board the Lucinda, during a three-day cruise on the
Hawkesbury River from 27 to 29 March 1891, that the drafting committee of the National
Australasian Convention made important revisions to the earliest drafts of the Constitution.
Professor La Nauze in The Making of the Australian Constitution stated:
‘[T]he evolving text of the Constitution was at its best after the Lucinda revisions.’
This lecture series is named after the Lucinda and seeks to canvass fundamental issues in
Australian constitutional law.
Patron
The Honourable Chief Justice Marilyn Warren AC,
Chief Justice of the Supreme Court of Victoria and Lieutenant-Governor of Victoria
Conveners
Professor Marilyn Pittard,
Associate Dean International and Engagement, Monash Law Faculty
Emeritus Professor HP Lee,
Monash Law Faculty
Order of proceedings
Welcome
Professor Marilyn Pittard,
Associate Dean International and Engagement, Monash Law Faculty
Introduction
The Honourable Chief Justice Marilyn Warren AC,
Chief Justice of the Supreme Court of Victoria and Lieutenant-Governor of Victoria
21st Lucinda Lecture
“Of lions and squeaking mice
in anxious times”
Emeritus Professor H P Lee
Vote of thanks
Professor The Honourable Nahum Mushin,
Adjunct Professor, Monash Law Faculty
Lucinda Lectures and speakers
1993 The Australian Crown: Its creation and demise
Professor George Winterton
1994 Judicial reasoning’s and responsibilities in constitutional cases
Mr Dennis Rose AM QC, Chief General Counsel of the Attorney-General’s Department (1989–1995)
1995 Towards 2001 — Minimalism, monarchism or metamorphism?
The Hon. Sir Anthony Mason AC KBE GBM QC, Chief Justice, High Court of Australia, 1987–1995
1996 Social conflict and constitutional interpretation
Emeritus Professor Leslie Zines AO
1997 The Australian Constitution: A centenary assessment
The Hon. Michael Kirby AC CMG, High Court of Australia, 1996–2009
1998 Maintaining public confidence in the judiciary
The Hon. Justice Susan Kenny, Court of Appeal, Supreme Court of Victoria 1997–1998,
Federal Court of Australia
1999 The Australian Constitution: Adaptability, change and conflict
Professor Geoffrey Lindell AM
2000 Australian citizenship: Past, present and future
The Rt Hon. Sir Ninian Stephen KG AK GCMG GCVO KBE PC QC, Governor General of Australia,
1982–1989
2001 The shape of representative democracy
The Hon. Murray Gleeson AC QC, Chief Justice, High Court of Australia, 1998–2008
2002 Sir Isaac Isaacs and the workings of the Australian Constitution
The Rt Hon. Sir Zelman Cowen AK GCMG GCVO QC PC, Governor General of Australia,
1977–1982
2003 ...such other federal courts as the Parliament creates: A hundred years of evolution
The Hon. Michael Black AC QC, Chief Justice, Federal Court of Australia, 1991–2010
2004 What separation of powers?
The Hon. Chief Justice Marilyn Warren AC, Supreme Court of Victoria
2005 Judges under fire – How far can the critics go?
The Hon. Ronald Sackville AO, Federal Court of Australia, 1994–2008
2006 Concerning judicial method fifty years on
The Hon. Justice Kenneth Hayne AC, High Court of Australia, 1997-2015
2007 Protecting rights in a federation
The Hon. Justice Pamela Tate, Solicitor-General for Victoria, 2003–2010
2008 The parameters of constitutional change
The Hon. Sir Gerard Brennan AC KBE QC, Chief Justice, High Court of Australia, 1995–1998
2009 Section 92: Markets, protectionism and proportionality — Australian and European perspectives
The Hon. Justice Susan Kiefel AC, High Court of Australia
2011 Interpreting the constitution – Words, history and change
The Hon. Justice Robert French AC, Chief Justice, High Court of Australia
2013 Section 80 – The great constitutional tautology
The Hon. Justice Virginia Bell AC, High Court of Australia
2014 Legislative Intention
The Hon. Justice Stephen Gageler, High Court of Australia
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