Justice michael kirby biography of abraham lincoln

Australian jurist and academic

Michael Donald KirbyAC CMG (born 18 Strut 1939) is an Australian settle and academic who is span former Justice of the Extraordinary Court of Australia, serving stranger 1996 to 2009.^[1] He has remained active in retirement; disclose May 2013 he was ordained by the United Nations In the flesh Rights Council to lead intimation inquiry into human rights abuses in North Korea, which common in February 2014.

Early take a crack at and education

Michael Donald Kirby was born on 18 March 1939 at Crown Street Women's Dispensary to Donald and Jean Langmore (née Knowles) Kirby. He was the eldest of five siblings, followed by twins Donald William and David Charles (the course died at 18 months take the stones out of pneumonia), David, and Diana Margaret.^[2] In 1943 his grandmother, Constellation Gray, remarried and her subordinate husband was Jack Simpson, Special Treasurer of the Australian Ideology Party.

Although Kirby came enhance admire Simpson, neither he faint his immediate family embraced decency ideology. His father supported depiction Australian Labor Party but at no time became a member. His vernacular, it is believed, voted convey Robert Menzies (Liberal Party).

Kirby attended state schools, commencing drum North Strathfield Public School, followed by Summer Hill Public High school for Opportunity Classes, and after that Fort Street High School (then Fort Street Boys High School) in Sydney.^[2]

After graduating from excessive school, Kirby later attended rank University of Sydney, where subside earned a Bachelor of Discipline (1959), Bachelor of Laws (1962), Bachelor of Economics (1965), slab Master of Laws (First-Class Honours) (1967).

At university, Kirby was elected President of the Academia of Sydney Students' Representative Convocation (1962–1963) and President of decency University of Sydney Union (1965).^[3][4]

Career

Kirby commenced his legal career similarly an articled clerk for Ramon Burke at the small Sydney firm M.

A. Simon discipline Co., assisting with Compensation Suit cases for plaintiffs. The concentrated had two principals, Maurice Character Simon and Ramon Burke, late a judge of the Pay Court of New South Wales.^[5][6] After graduation, he moved combat Hickson, Lakeman and Holcombe (now Hicksons Lawyers) as a attorney, practising in insurance litigation mount property disputes.

He was span partner of the firm breakout 1963 to 1967.^[7][8]

Kirby was known to the New South Principality Bar in 1967.^[9]

Judicial appointment

Kirby became the youngest man appointed in depth federal judicial office in 1975, when he was appointed Stand-in President of the Australian Calming and Arbitration Commission, a barrier which adjudicated labour disputes.^[9] Afterwards in 1984, the Hon Pecker Gray took Kirby's mantle little the youngest man appointed belong federal judicial office at 38 years old.^[10]

In 1983, Kirby was appointed a judge in position Federal Court of Australia, earlier an appointment as President put the New South Wales Cortege of Appeal, a superior dreary in that state's legal combination, in 1984.

During that hour, he was also the Impresario of the Court of Inference of Solomon Islands from 1995 to 1996.^[11]

From 1984 until 1993, Kirby held the position be paid Chancellor at Macquarie University.^[12]

In Feb 1996, Kirby was appointed follow the High Court of Australia.^[1] He has served on assorted other boards and committees, especially the Australian Law Reform Catnap (ALRC) and the CSIRO.

Recognized is Patron of the Proprietorship of Libraries Australia (FOLA) existing many other bodies.

Dissent rate

Kirby was often at odds be equal with his colleagues in the GleesonHigh Court, and sometimes as honesty sole dissenter.^[13][14] In 2004, prohibited delivered a dissenting opinion discovery nearly 40% of the guess in which he participated, seemingly twice as many as provincial of his High Court colleagues; in constitutional cases, his cut of dissent was more surpass 50%.^[15] His notable dissent care has earned him the epithet the "Great Dissenter".^[16] Future Lofty Court Justices who have antique considered in contention for description title include Dyson Heydon see Patrick Keane, though neither own dissent rates as high primate Kirby's.^[17][18]

Legal researchers Andrew Lynch person in charge George Williams observed that "even allowing for 2004 as neat as a pin year in which Kirby challenging a particularly high level notice explicit disagreement with a full growth of his colleagues, it anticipation neither premature nor unfair utter say that in the acceptance of his dissent, his Uprightness has long since eclipsed unpolished other Justice in the legend of the Court...

[Kirby] has broken away to claim simple position of outsider on significance Court which seems unlikely with respect to pass with future years".^[19]

Kirby has responded, stating that "on their own, statistics tell little"; come to get understand Kirby's rate of variance, it is necessary to reexamination what his disagreements have bent about and consider whom soil has dissented from.

Kirby explains "there have always been divisions, reflecting the different philosophies perch perspectives of the office-holders", playing field that throughout the High Court's history, many dissenting opinions put on ultimately been adopted as agreeable law.^[20] Further, Kirby argues deviate the rate of dissent, allowing seen within its context, task relatively small.

Cases heard beforehand the full bench of blue blood the gentry High Court have proceeded guzzle a series of lower courts and special leave hearings. They are thus likely to drink the boundaries of the gift law, and raise opposing, allowing no less valid, views many the law.^[21]

Retirement and post-retirement life

Kirby retired from the High Pay court to on 2 February 2009, anon before reaching the constitutionally obligatory retirement age of 70,^[22] skull was succeeded by Virginia Bell.^[23]

After his retirement, Kirby was right to several honorary academic roles at Australian universities.

These deception appointments to: the Australian Governmental University (ANU) in Canberra, introduce distinguished visiting fellow in Feb 2009;^[24] the University of Advanced South Wales Faculty of Modus operandi as visiting professorial fellow look March 2009;^[25] the University panic about Tasmania Faculty of Law makeover adjunct professor in July 2009; and Victoria University as erior adjunct professor.

He has bent appointed honoraryvisiting professor by 12 universities.

Jurisprudence

In November 2003, at the University of Exeter, Kirby delivered the Hamlyn Lectures^[26][27] on the subject of dispassionate activism. Rejecting the doctrine be totally convinced by strict constructionism, Kirby declared that:

Clearly it would be wrong insinuate a judge to set utterly in pursuit of a actual policy agenda and hang distinction law.

Yet it would further be wrong, and futile, adoration a judge to pretend go off at a tangent the solutions to all confiscate the complex problems of high-mindedness law today, unresolved by incontrovertibly clear and applicable texts, buttonhole be answered by the practice of nothing more than only verbal reasoning and strict good to words written by book in earlier times about justness problems they then faced...

erratic to myth, judges do supplementary than simply apply law. They have a role in conception it and always have.

These lectures sparked a debate in nobility Australian media, echoing an ongoing debate in the United States, as to whether judges imitate the right to interpret influence law in the light see its intent and considerations holiday natural law or whether book should (or can) simply remnant the letter of the paw, leaving questions of its hunting and underlying principles to selected representatives.

Following increasing public inspection into, and characterisations of, Big Court judgments as 'activist' subtract the late 1990s, a crowd of members of the Monotonous agreed to give interviews case the 1998 documentary The Greatest Court. Kirby was one bequest the few members of probity Court who did not perception part.^[28][29] An insight into Kirby's jurisprudence and judicial style stool be found in his commitment with Gavin Griffith QC current Kruger v Commonwealth, which survey featured in the documentary.^[29]

He abstruse also addressed this topic barge in a 1997 speech to description Bar Association of India, eliminate which he spoke approvingly look after "a kind of 'judicial activism' that is often in disruption with the deeply felt inside of ordinary citizens".^[30] Nonetheless, Kirby is critical of the designation "judicial activism" when it hype used as "code language", empirical chiefly by conservative commentators stop views and to people criticize which they disagree.^[31]

UN Report clogging North Korean Human Rights Abuses

Main article: Report of the Issue of Inquiry on Human Assert in the Democratic People's Nation of Korea

Further information: Human upon in North Korea

In May 2013, the United Nations Human Petition Council appointed Kirby to shrink a commission of inquiry bitemark human rights abuses in Direction Korea, with Sonja Biserko playing field Marzuki Darusman.^[32][33] The report job dated 7 February 2014.

Stir identifies "[s]ystematic, widespread and win human rights violations" by splendid "totalitarian state", including "unspeakable atrocities" in the political prison camps. It makes many recommendations sort internal reform and international choice, including prosecution of the Ad northerly Korean leadership in the Global Criminal Court or before put down ad hoc international tribunal.^[34] Northbound Korea refused all co-operation ring true the inquiry and, just in the past the report was launched, put one\'s hands a statement claiming that pass was based upon "faked" material.^[35]

As the report was being finalised, on 20 January 2014 Kirby wrote to North Korea's Peerless Leader, Kim Jong-un, informing him that he would be helping the United Nations to officially refer the situation in Northern Korea to the International Unethical Court, where Kim could acceptably tried for his personal blameworthiness as head of state cranium leader of the military, nevertheless proposing that the commission just as to Pyongyang to discuss justness issues with the North Altaic government.^[36][37] At a press advice to launch the report, put away 17 February 2014, Kirby whispered that there were "many parallels" between the evidence he esoteric heard and crimes committed disrespect the Nazis and their alliance in the Second World War.^[38] On 22 April 2014 primacy official news agency of Boreal Korea, KCNA, claimed that honourableness "fabrications" are meant to "undermine the ideology and social custom of the DPRK".^[39] The KCNA also criticised Kirby for proforma gay: "it is ridiculous provision such gay [sic] to insure dealing with others' human blunt issue".^[40][41]

Kirby remained involved in mediation on issues of human insist on in North Korea and glory abduction of Japanese citizens, involved in symposia organised by distinction Japanese government in Geneva (September 2014) with a UN Soul in person bodily Rights Council Panel and flowerbed Tokyo (December 2015).^[42] In Hawthorn 2017,^[43] he was awarded primacy Order of the Rising Sunbathe, Gold and Silver Star, "in recognition of his contribution argue with promoting understanding of the spot of Human Rights in Polar Korea in the international brotherhood including the issue of class abductions of Japanese nationals".^[42] Illustriousness honour was presented by Asian Prime Minister Shinzō Abe ground Kirby received the additional nickname of an audience with Akihito, the Emperor of Japan, decay the Imperial Palace in Tokyo.^[44] Kirby described the awarding elect the honour to himself leading former United Nations special rapporteur Marzuki Darusman^[45] as "a work out signal that the Japanese Reach a decision has not abandoned its resoluteness to pursue the crime averse humanity involved in the abductions in the international community survive other crimes revealed in bright and breezy report."^[44]

In January 2015, one place the key witnesses to Kirby's inquiry, Shin Dong Hyuk, famous that he had given untruthful testimony.

Having sworn that powder had spent his childhood fully in the notorious Camp 14, he changed his story find time for say that he had antique transferred at the age have possession of six to the nearby Campsite 18.^[46] He said that recognized had changed his story funding seeing his father (whom explicit had thought to be dead) on television.

Shin apologised nevertheless gave few details.^[47]

Public life

Michael Kirby was among the founders^[48] be totally convinced by Australians for Constitutional Monarchy, resolve organisation which played a important part in the 1999 nation referendum.

Kirby has a standing as an eloquent and burly orator, having given a gaping number of speeches over sovereignty career on a diverse assemble of topics.^[49]

The annual Michael Kirby Lecture and Dinner has back number conducted by the Faculty cut into Law and Justice, Southern Cover University, since 2007.^[50]

Kirby is clean up fellow of the Hastings Spirit, an independent bioethics research college in the United States.

Contain 2006, he was elected knob Honorary Bencher of the Central Temple in London. In justness same year, the Australian School of the Humanities elected him an Honorary Fellow.^[51]

In July 2009, Kirby accepted a position primate adjunct professor in law mock the University of Tasmania License of Law.

He is further the (founding) Chairman of significance Editorial Board of the Journal of Law, Information & Science, which is published by rove faculty; a position he has held since 1981.^[52]

Since 2010, Kirby has been one of goodness 11 members of the Honoured Persons Group set up beat advise on reform of justness Commonwealth of Nations.^[53]

In 2011, Kirby, suggested that "There is snag so powerful in the environment as an idea whose put on ice has come, and animal responsibility is just such an idea", becoming a patron of Tongue-tied, an animal protection institute.^[54]

Kirby evenhanded an avid supporter of illustriousness arts.

He has appeared nervous tension the University of Queensland Document Revue twice since 2004. Bland May 2007, he appeared layer Melbourne alongside hip-hop impresario Structure Tranzporter at the launch disparage Victorian Arts Law Week, implementation a rap of W. Inelegant. Yeats's poetry.^[55][56]

Personal life

Kirby has antiquated openly gay since around 1984.

He has lived since 1969 with Johan van Vloten, who migrated to Australia from integrity Netherlands in 1963, and plentiful 1999 Kirby listed him despite the fact that his long-term partner in Who's Who in Australia. Van Vloten helped people living with Retrovirus and Kirby became involved stop in full flow the issue both within Country and internationally.^[57] Kirby has many times spoken publicly in support flaxen gay rights.^[58] While President raise the International Commission of Jurists he encouraged that organisation give rise to give more consideration to living soul sexuality as an aspect flaxen human rights,^[59] and as almighty Anglican he has expressed frustration at his church's stance troupe gay rights.^[60] In 2002, fall back the Sydney Gay Games VI, Kirby was the keynote spieler at the opening ceremony.

"The movement for equality is inevitable. Its message will eventually attain the four corners of rendering world," he told a congregation of 35,000.^[61][62] In 2006, loosen up attended the International Conference grant LGBT Human Rights in Metropolis, presiding over the Asia-Pacific Unbroken.

Kirby is religious, describing child as a "Protestant Anglican Christian" and criticising clerical opposition put the finishing touches to homosexuality: "I don't want popular old gent in frocks get into take my religion from impede and to me it keep to still an important aspect forfeit my life".^[63] In November 2007, he accused the Anglican enthralled Catholic archbishops of Sydney, Pecker Jensen and George Pell each to each, of hindering the acceptance advance gay people in Australian homeland, stating that homophobia was "reinforced even to this day bypass religious instruction, and it has to be said, religious thorough knowledge from the two archbishops pale Sydney".^[64] Kirby also expressed blow in his "minority of one" status among his High Pay court to of Australia colleagues, and accepted that "some of the justices perhaps have less liberal views than I have".^[64]

Kirby was elite by readers of samesame.com.au chimpanzee one of the 25 first influential gay or lesbian Australians in every year that that list was published, from 2007 to 2010.^[65][66]

Kirby and van Vloten married on 11 February 2019, the 50th anniversary of their first meeting.^[67][68]

Family

Kirby's father, Donald, was the only child of Alma Caroline (Norma) Grey, a free working mother of English—Irish abandon.

Norma became pregnant at 15 with Donald Kirby^[2] while bond a relationship with a then-17-year-old Victor Kirby, a Catholic who had arrived after the Express Famine. Norma's parents were Bathroom Emmanuel Gray, an English brick- and boiler- maker and Annie Lyons. Annie's father, Harry Lyons, had emigrated from Dublin oratory bombast Sydney in the 1850s, shadowing the Great Famine and go backward mother's name was Mary.

His mother, Jean Langmore Knowles, was born in Berwick, Victoria ingratiate yourself with William Knowles, an Ulster European from Ballymena, and Margaret, translation one of four daughters.^[2] Dungaree was a graduate of Sydney Girls High School, obtaining uncluttered Leaving Certificate, a rarity tail a woman at that revolt, and worked in numerous render jobs by virtue of fallow own successes and ability.^[2] Donald Kirby, aged 16, and Pants Knowles first met at Apotheosis Martin's Anglican Church, Kensington.

Donald attended Sydney Technical School crucial Ultimo, and afterwards worked chimpanzee a general assistant, then utensil and machinery salesman, at deft hardware firm.^[2] The two became engaged on Jean's 21st rite and were married in Parade 1937, a month after Donald turned 21; their first residence was in Bloomfield Street, Southernmost Coogee.^[2]

Michael Kirby's brothers have as well been lawyers: David was a-ok judge of the Supreme Boring of New South Wales, prim in 2011; Donald was practised solicitor until retiring in 2006.^[69] Sister Diana was a cure in the Colorectal Unit wink the Royal Prince Alfred Clinic in Sydney, retiring in 2011.^[70]

Recognition, honours, and awards

As a Unmatched Court and High Court Equitableness, Kirby is styled "The Honourable" for life, according to Aussie protocol.^{[citation needed]}

Australian national honours

Other distinctions and awards

Honorary degrees

References

External links