Great Australian Dissents

When judges disagree those in the minority write a dissenting opinion. This book considers the great dissents in Australian law. Their worth may derive from numerous factors including their rhetorical force as a piece of legal reasoning or emotive power as a judicial lament for the ''error'' into which the majority has fallen; the general importance of the issue at stake; as a challenge to the orthodoxy; and sometimes the subsequent recognition of a dissenting opinion''s correctness and its ultimate vindication. On some occasions all these features may be strongly present on others only some. Through a diverse selection of memorable dissenting opinions this book illuminates the topic of judicial disagreement more generally - not only through examples of instances when minority opinions have been distinctly valuable but by drawing out a richer understanding of the attributes and circumstances which lead some dissents to become iconic while so many lie forgotten.