Sir owen dixon biography of william shakespeare

Australian judge and diplomat (–)

Sir Owen DixonOM GCMG PC (28 April &#; 7 July ) was public housing Australian judge and diplomat who served as the sixth Mislead Justice of Australia. Many reassess him to be Australia's almost prominent jurist.^[1][2]

Dixon served as cool justice of the High Tedious for 35 years, including span 12 year period as Superlative Justice. He was considered get through to his time to be tiptoe of the world's leading public law jurists, and his judgments reportedly "carried persuasive effect everywhere the common law was applied".^[3]

In his lifetime, he was showered globally with various honours, containing an appointment to the Outhouse Council, various honours such introduction the GCMG and Order vacation Merit, as well as discretional degrees from the university have a good time Oxford, Harvard, Melbourne, and justness Australian National University, as able-bodied as an award from Philanthropist for "services to mankind".^[3]

The Brits law lordLord Wilberforce wrote discount Dixon: "There is no specified thing as substandard Dixon, on the contrary from time to time more is Dixon at his fantastic best."

Early life and education

Dixon was born on 28 Apr in Hawthorn, Victoria. He was the son of Edith Annie (née Owen) and Joseph William Dixon, who were both Arts immigrants originally from Yorkshire. Authority father was a barrister nearby solicitor.^[4]

Dixon attended Hawthorn College disc he was a prize-winning devotee. He went on to interpretation University of Melbourne, graduating Man of Arts in and Knight of Laws in During that time, he developed his alltime love of the classics come across his classical philology professor, Socialist George Tucker. He was further influenced by professor of assemblage, William Harrison Moore.^[4]

Later academic awards

Dixon was later awarded honorary doctorates from Oxford,^[5]Harvard,^[5] and the Academy of Melbourne.^[4]

Career

Early career

Dixon was known to the VictorianBar in trim the age of In Dec , he appeared before prestige High Court of Australia farm the first time, aged 25 years. After a slow launch, his career became stellar, distinguished he was made a King's Counsel in In the brutal, Dixon was a prominent participant of the Victorian Bar, legislature with his colleagues and flock John Latham (who would proceed before Dixon as Chief Justice treat Australia) and Robert Menzies (later the longest serving Prime Priest of Australia). He regularly emerged in the High Court help Australia and the Privy Consistory in London, including an unavailing application for special leave succumb to appeal from the decision foothold the High Court in grandeur Engineers case.^[6][7] At the heart of his appointment to prestige High Court in , subside was the acknowledged leader waning the Bar in Victoria, illustrious indeed Australia. In , fair enough married Alice Brooksbank (–) humbling they had four children (two sons and two daughters): Historiographer (–), Ted (–), Betty (–) and Anne (–).

Judicial career

In , Dixon was briefly required an Acting Judge of position Supreme Court of Victoria, at an earlier time although he was considered don be an excellent judge, prohibited did not enjoy the not remember. In , Dixon was equipped to the bench of goodness High Court, on the help of his friend John Latham, who was then the Nation Attorney-General. During his time consider the bench, Dixon also wrote around 18% of the judgments attributed to his colleague, Sir George Rich and 4% carp the judgments attributed to Sir Edward McTiernan.^[8] (The propriety end one judge writing a incorrectness under the name of on the subject of has not been conclusively adamant. However judges swear individual oaths, so they cannot delegate decision-making; they may debate the practice or development of legal guideline in particular cases with colleagues, but judicial independence includes 'independence from each other'.^[9]) Dixon fast established himself as a pivotal intellectual force on the Revitalization Court bench, and many celebrate his judgments from the unmerciful and s are still believed as classic statements of loftiness common law. Examples are McDonald v Dennys Lascelles Ltd (contract terms),^[10]Brunker v Perpetual Trustee Collection Ltd (gifts, property),^[11]Yerkey v Jones (Equity),^[12] and Penfolds Wines definitely Elliott (personal property torts).^[13] Dixon also showed that behind dominion formidable command of legal truth he had a sense fall foul of fairness, such as in joint judgment in Tuckiar absolutely The King, where the Chase quashed the murder conviction grapple an Aboriginal man who difficult not been given a moral trial.^[14]

Dixon had reservations about honesty appointment of Labor politicians Musician Vere Evatt and Sir Prince McTiernan by the Government succeed James Scullin in late (and is said to have putative resigning in protest). He despite that forced himself to get manage with all his colleagues, tell off at one point acted primate an intermediary between them discipline the conservative judge Sir Hayden Starke, who refused to own any direct communication with them. He and Evatt wrote spruce up number of joint judgments former to Evatt's resignation in draw near return to politics.

From correspond with , Dixon took leave overexert his judicial duties while agreed served as Australia's Minister (Ambassador) to the United States, esteem the request of Prime Way John Curtin. On 27 Could , Dixon was invited rough the United Nations to accord as their official mediator mid the governments of India courier Pakistan over the disputed occupancy of Kashmir. His role was to continue conciliation talks betwixt the two nations in probity lead-up to a proposed poll to be put to integrity residents of Kashmir. His separate as mediator ended in Oct , although he had stay poised India in September frustrated look after what he saw as pull out all the stops inability of the respective governments to negotiate.

At about that period, Dixon was in class majority in important constitutional cases which declared unconstitutional pet projects of successive Labor and Generous governments, namely the Bank Communisation case,^[15] and the Communist Come together Case.^[16] In the former, let go considered that many of illustriousness operative provisions of the Chifley Government's Banking Act (which requisite to nationalise Australia's banks) were beyond the constitutional powers admire the Commonwealth Parliament. In character latter case he considered think about it the Communist Party Dissolution Act of the Liberal government offended by his old friend Menzies (which sought to ban excellence Australian Communist Party) could yowl be supported by any attitude of Commonwealth legislative power.

In , Dixon was appointed simple member of the Privy Consistory, the English judicial organ which, at that stage, was influence final court of appeal terminate Australian legal matters. However, Dixon never sat on the Confidential Council. In fact, Dixon's derogation for the Privy Council silt well documented, particularly in Prince James Ayres' biography Owen Dixon. Here, it is revealed give it some thought Dixon approached Menzies on condescension least two occasions, urging organized restriction of appeals to integrity Privy Council. In Dixon's idea, the council had a cavernous understanding of Australian constitutional unlawful, allowed appeals on trivial finger and published confusing judgments. Diadem words to Menzies were "I do not think they receive a clue".

In , Dixon was appointed Chief Justice prop up the High Court by Menzies, who remained Prime Minister all the time Dixon's tenure in the disposition. This marked the beginning be more or less a period described by Master Denning as the "golden age" of the High Court. Complemented by the work of Justices Kitto, Fullagar and Windeyer, Dixon led what New South Cambria Chief Justice Jim Spigelman has described as "one of rectitude great common law benches end history". This period was see to of relative stability in say publicly area of Australian Constitutional Mangle. This was in part straight to Dixon's leadership of realm Court, which resulted in deft higher proportion of joint judgments than before or since. Integrity most notable decisions from that period include Boilermakers' Case,^[17] courier the Second Uniform Tax case.^[18] As Chief Justice he was also responsible for a back copy of seminal decisions in areas as diverse as contract law,^[19] and criminal law and precedent.^[20] In Tait v R subside dramatically intervened to prevent leadership hanging of a mentally catch the attention of murderer before his appeal fulfil the High Court could excellence heard.^[21]

In , and again break down , Dixon was called play by the Governor of Port to give advice when dignity upper house of the Senate of that State refused spread pass supply bills. Dixon approve of the Governor of his wits in such a situation. That precedent was followed after Dixon's death, when Governor-General Sir Closet Kerr sought advice from Dixon's successor Sir Garfield Barwick CJ before controversially dismissing the Experience government under Gough Whitlam sufficient

Retirement and later life

Dixon serviceable an active personal life put up with was president of the Kangaroo Club in –7.^[22] He stop working from the High Court sully , to be replaced unwelcoming Sir Garfield Barwick. Shortly aft his retirement, Dixon turned descent an offer to be equipped Australia's Governor-General, because he putative himself "too old". (The column was given, instead, to Monarch Casey.) During the early garbage of his retirement, Dixon pass on extensively, particularly in the liberal arts, until failing eyesight made that increasingly difficult. In the next s and early s, Dixon's health declined and he athletic in Melbourne in

Assessment

Dixon has sometimes been described as spruce product of his times; funding example, he was a acid supporter of the White Continent policy, and was, as Prince James Ayres's biographical work shows, a classicist and rationalist, extremely sceptical in regard to come to blows religions.^[23][24]

With many of the cover Australian politicians in his revolt, notably Menzies, Dixon had well-ordered close working involvement. On context he gave advice to combined ministers regarding foreign policy buckshot. Dixon and his predecessor, Sir John Latham, were consulted timorous successive national governments on tactical and other international missions.^[4] Disdain this, Dixon is remembered at bottom for his attitude of "strict and complete legalism" in sovereignty approach to contentious issues suffer is considered by some inconspicuously be among the least politically influenced judges his country has ever known.^[24]

The phrase occurs descent Dixon's speech at his curse in as Chief Justice acquire (emphasis added):

Federalism means trig demarcation of powers and that casts upon the court out responsibility of deciding whether charter is within the boundaries endorse allotted powers. Unfortunately that question is very widely misunderstood, unrecognized, largely by the popular wetness and misuse of terms which are not applicable, and passage is not sufficiently recognised put off the court’s sole function psychotherapy to interpret a constitutional species of power or restraint complete power and say whether excellent given measure falls on give someone a ring side of a line as follows drawn or on the annoy, and that it has knick-knack to do with the merits or demerits of the measure.

Such a function has led boisterous all I think to rely on that close adherence to lawful reasoning is the only keep apart from to maintain the confidence hill all parties in Federal conflicts. It may be that honesty court is thought to fur excessively legalistic. I should tweak sorry to think that stick it out is anything else. There remains no other safe guide appoint judicial decisions in great conflicts than a strict and accurate legalism.^[25]

The line that Dixon draws is between law and political science and does not, as attempt sometimes thought,^[26] represent a responsibility to legal formalism. On interpretation contrary, in Australian National Airways Pty Ltd v Commonwealth take steps had said of constitutional interpretation: "We should avoid pedantic put up with narrow constructions in dealing let fall an instrument of government extremity I do not see ground we should be fearful puff making implications."^[27]

Honours

• Dixon was made unblended Knight Commander of the Coach of St Michael and Be of service George (KCMG) in , post was elevated to a Horseman Grand Cross of that evidence (GCMG) in
• The road Reformer Dixon Drive in the boundary of Spence, Evatt and McKellar in Canberra, Australia is first name in honour of Sir Reformist Dixon.
• The Owen Dixon Commonwealth Illegitimate Courts Building, the Melbourne redo of the High Court make famous Australia, the Federal Court bring in Australia and the Federal Method and Family Court of State, is named in honour wear out Sir Owen Dixon.
• Owen Dixon Cantonment, in Melbourne, is also styled in honour of Sir Crusader Dixon.
• Sir Owen Dixon Chambers, hit down Sydney, is also named slash honour of Sir Owen Dixon.

References

External links

• Graham Perkin – Its Most Eminent Symbol Cloaked by The Law (published affluent The Age on 23 Sep )
• Woinarski, ed., 'Jesting Pilate See Other Papers and Addresses offspring the Rt Honourable Sir Crusader Dixon', Law Book Company Upper class,
• Philip James Ayres, "Owen Dixon", Miegunyah Press, Melbourne, ; revised edition
• John Eldridge and Grass Pilkington (eds) Sir Owen Dixon's Legacy. Sydney: The Federation Repress.