Monash Law Faculty’s 21st Lucinda Lecture “Of lions and squeaking mice in anxious times” Emeritus Professor H P Lee 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. 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. 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 LieutenantGovernor of Victoria Conveners Professor Marilyn Pittard, Associate Dean International and Engagement, Monash Law Faculty Emeritus Professor HP Lee, Monash Law Faculty Date: Thursday 8 October, 2015 Time: 6:00pm – 7:00pm (followed by refreshments) Venue:Monash University Law Chambers 555 Lonsdale St, Melbourne Cost: Free RSVP: Thursday 1 October, 2015 law-marketing@monash.edu or (03) 9905 2630 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 monash.edu/law