Tanya Josev

The Persistent Pejorative: Judicial Activism

Tanya Josev

Book Chapter  |  2021

Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challe..

The High Court of Australia at Mid-Century: Concealed Frustrations, Private Advocacy, and the Break with English law

Tanya Josev

Book Chapter  |  2021

A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal his..

Australian Historians and Historiography in the Courtroom

Tanya Josev

Journal article  |  2020  |  Melbourne University Law Review

This article examines the fascinating, yet often controversial, use of historians’ work and research in the courtroom. In recent t..

Judicial Activism and the High Court

Tanya Josev

Media  |  2020

Parker v The Queen and Dixon’s Diminishing Confidence in the Privy Council

Tanya Josev

Book Chapter  |  2019

On an otherwise unremarkable, cook day in May 1963, in the High Court building in Little Bourke Street, Sir Owen Dixon handed down..

The Campaign Against the Courts A History of the Judicial Activism Debate

T Josev

Book  |  2017

The term 'judical activism' is seemingly ubiquitous in Australia and the United States today but what does it mean and what are it..

The Nursery Years of 'Judicial Activism': From a Historian's Shorthand to Media Catchphrase 1947-1962

Tanya Josev

Journal article  |  2017  |  Studies in Law Politics and Society

The debate over ‘judicial activism’ has flourished in recent decades, but the term was in fact coined 70 years ago, by the historia..

Judicial Biography in Australia: Current Obstacles and Opportunities

Tanya Josev

Journal article  |  2017  |  University of New South Wales Law Journal

Judicial biography – or the scarcity of it – is a matter of ongoing complaint in legal and academic circles in Australia. Judicial..

Twenty Years after the High Court's Wik Decision, How Does the 'Judicial Activism' Charge Stand Up?

Tanya Josev

Scholarly Contribution to Database/Website  |  2016

2016 marks 20 years since the High Court handed down the Wik Peoples v Queensland decision on the extent to which pastoral leases ..

The Late Arrival of the 'judicial activism' Debate in Australian Public Discourse

Tanya Josev

Journal article  |  2013  |  Public Law Review

The term "judicial activism" was coined by the historian Schlesinger in 1947 as a politically neutral descriptor for a voting bloc..