The Hon Justice Michael Kirby AC CMG in conversation with Daniel Goldsworthy (Deakin Law School) HD

07.03.2022
In this wide-ranging interview, the Hon Michael Kirby speaks about his habits, routines and approaches to the judicial method and to writing judgments. He reveals his favourite jurists, the matters he would have like to have written judgments for, the influence of mentors and his favourite books. His Honour also reveals the dissenting judgment he most hopes and anticipates will be upheld in the future, discusses the power of storytelling and the importance of mental schemas. Please enjoy this conversation with the Hon Michael Kirby AC CMG. Featured in this video: 0:00 - Welcome and Welcome to Country 0:44 - Introduction 3:24 - The books most you’ve most gifted to others, and why? 7:55 - Recall for facts and detail 10:51 - Storytelling and the Written Word 12:20 - Unusual work habits 14:15 - Routines that keep you to task 16:00 - On mental schemas and tree diagrams 20:02 - Constitutional interpretation and statutory interpretation 36:10 - Difference between Constitutional Interpretation and Statutory Interpretation 41:27 - On the open texture of language 43:22 - Favourite jurists, cases and judgments 47:40 - The judges the Hon Justice Michael Kirby admires 51:28 - A dissenting judgment the Hon Justice think will be upheld 52:35 - Cases the Hon Justice would have liked to have adjudicated 01:03:46 - The process of writing judgments 01:08:30 - On judgments and preparatory materials – flow charts and tree diagrams 01:13:34 - Useful routines developed over the years for clear thinking 01:18:03 - Rapid fire questions 01:22:35 - Concluding remarks Banner image sourced from The Hon Michael D. Kirby AC CMG by SashaHMP, available under a Creative Commons Attribution-Share Alike 4.0 International at https://commons.wikimedia.org/wiki/File:The_Hon_Michael_D._Kirby_AC_CMG.jpg

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