94-743: Michael Kirby may refer to: Michael Kirby (judge) (born 1939), retired Australian High Court judge Michael J. L. Kirby (born 1941), Canadian politician and Chair of the Mental Health Commission of Canada Michael G. Kirby (born 1952), American politician Michael Kirby (artist) , American street artist Michael Kirby (figure skater) (1925–2002), Canadian figure skater and actor Michael Kirby (theater) (1931–1997), professor of drama at New York University Michael David Kirby (born 1953), U.S. diplomat and former ambassador to Moldova and Serbia [REDACTED] Topics referred to by
188-469: A Bachelor of Arts , Bachelor of Science , Bachelor of Business Administration , Bachelor of Commerce and Bachelor of Social Work . In these programs, students are taught subjects associated with the additional non-law bachelor's degree during the first two years, in addition to standard legal subjects such as torts, contracts and constitutional law, such as social sciences for the Bachelor of Arts and
282-504: A college diploma for entry. Law schools that offer civil law BCL, LLB, or LLL degrees include McGill University , Université de Montréal , Université du Québec à Montréal , Université de Sherbrooke , Université Laval and the University of Ottawa . Because of Canada's dual system of laws, some law schools offer joint or dual degrees in common law and civil law: McGill University, Université de Montréal, Université de Sherbrooke and
376-482: A commission of inquiry into human rights abuses in North Korea , with Sonja Biserko and Marzuki Darusman . The report is dated 7 February 2014. It identifies "[s]ystematic, widespread and gross human rights violations" by a "totalitarian state", including "unspeakable atrocities" in the political prison camps. It makes many recommendations for internal reform and international action, including prosecution of
470-529: A "broad-based" legal education. Some undergraduate programmes do not offer any optional coursework. Credits in English and Afrikaans are also often included. Along with Latin , these were, but are no longer, "subjects compelled by statute", and were typically entrance requirements for the LLB, having been studied as undergraduate modules. Similarly, Roman Law was previously a preliminary course, whereas, in both
564-617: A 1997 speech to the Bar Association of India, in which he spoke approvingly of "a kind of 'judicial activism' that is often in tune with the deeply felt emotions of ordinary citizens". Nonetheless, Kirby is critical of the term "judicial activism" when it is used as "code language", applied chiefly by conservative commentators to views and to people with which they disagree. In May 2013, the United Nations Human Rights Council appointed Kirby to lead
658-400: A Canadian university with a Quebec civil law law school enabling students to obtain the home school's law degree in three years and the exchange school's law degree in the fourth year. In Hong Kong, three universities, including The University of Hong Kong , Chinese University of Hong Kong , and City University of Hong Kong , provide legal studies with both LLB degree or JD degree. The LLB
752-659: A JD degree. Yale graduates who received LLB degrees prior to 1971 were similarly permitted to change their degree to a JD, though many did not take the option, choosing to retain their LLB degrees. Before the degree was phased out, notable recipients of the LLB include former United States presidents Richard Nixon , Gerald Ford , and William Howard Taft ; former United States Supreme Court Justices Earl Warren , Anthony Kennedy , William Rehnquist , Ruth Bader Ginsburg , Thurgood Marshall , Sandra Day O'Connor and Stephen Breyer ; former FBI director J. Edgar Hoover ; American judge and jurist Richard Allen Posner ; as well as
846-493: A bachelor's degree in any subject from a recognised institution. However, specialised universities of law known as National Law Universities solely devoted to legal education offer an undergraduate five-year law course for students that have completed Class XII from a recognised board of education in India. The five-year law course leads to an integrated honours degree combining the LLB degree with another bachelor's degree, such as
940-505: A civil law degree (LLL) on its own. A number of Canadian law schools allow holders of baccalaureate degrees in Quebec civil law to earn the LLB in common law in two or three semesters. Similarly, the University of Ottawa offers a one-year LLL programme in Quebec civil law for holders of an LLB or JD degree in common law from a Canadian law school. Additionally, some Canadian universities with common law law schools have an arrangement with
1034-619: A combination of physical, life and applied sciences for the Bachelor of Science. In the latter three years of all these programmes, legal subjects dominate the curriculum. The first national law school was the National Law School of India University . This was followed by others, including the Nalsar University of Law and West Bengal National University of Juridical Sciences . Today, many Indian universities offer five-year integrated BA LLB programmes similar to that of
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#17327824847581128-640: A common law system from the British colonial period. However, unlike the United Kingdom and some other Commonwealth countries, Malaysia adopted the fused legal profession with legal practitioners acting both as solicitors and in a way "barristers" . Hence all are lawyers eligible and can be admitted to the High Court as a legal professional is entitled to be bestowed with the title "Advocate & Solicitor". This applies to both lawyers practising in
1222-621: A general assistant, then tool and machinery salesman, at a hardware firm. The two became engaged on Jean's 21st birthday and were married in March 1937, a month after Donald turned 21; their first home was in Bloomfield Street, South Coogee . Michael Kirby's brothers have also been lawyers: David was a judge of the Supreme Court of New South Wales , retiring in 2011; Donald was a solicitor until retiring in 2006. Sister Diana
1316-503: A particular area of law, to an extent, by choosing from a range of optional courses. Some universities also require that students complete an experience based course ("Practical Legal Studies" / " Law clinic "); a credit comprising independent research exclusively is often offered as an elective, and at some universities is a degree requirement. Depending on university, the curriculum will comprise legal subjects exclusively, or may include humanities subjects so as to prepare graduates with
1410-530: A plural, especially from Latin, is often done by doubling the first letter (e.g., "pp." for "pages"). The bachelor's degree originated at the University of Paris, whose system was implemented with the Bachelor of Arts degree at Oxford and Cambridge. The "arts" designation of the degree traditionally signifies that the student has undertaken a certain amount of study of the classics. In continental Europe,
1504-403: A second degree, the Bachelor of Laws (LLB), was awarded. The curriculum has since been changed and now only one four-year honours LLB degree is awarded. Some universities in the United Kingdom and New Zealand offer variations, which generally take four years to complete and include a wider range of topics as well as some degree of specialisation or the study of multiple jurisdictions, such as
1598-556: A single working mother of English—Irish descent. Norma became pregnant at 15 with Donald Kirby while in a relationship with a then-17-year-old Victor Kirby, a Catholic who had arrived after the Great Famine. Norma's parents were John Emmanuel Gray, an English brick- and boiler- maker and Annie Lyons. Annie's father, Harry Lyons, had emigrated from Dublin to Sydney in the 1850s, following the Great Famine and her mother's name
1692-458: A two-year LLB degree to graduates of subjects other than law. The University of Rajshahi is the first institute in South Asia to offer a bachelor's degree in law, originally offering the B. Jur. (Bachelor of Jurisprudence) beginning in 1970. Later on, the program was replaced with an LL. B (Hons.) program. Canada has two legal systems. The Province of Quebec uses a civil law system. At
1786-561: A university degree in admission decisions. When law degrees were required by the English bar and bar associations in other common law countries, the LLB became the uniform degree for lawyers in common law countries. In most common law countries (with the exceptions of all Canadian provinces except Quebec, and the United States), the Bachelor of Laws programme is generally entered directly after completion of secondary school. The LLB
1880-701: A vast number of speeches over his career on a diverse range of topics. The annual Michael Kirby Lecture and Dinner has been conducted by the Faculty of Law and Justice, Southern Cross University, since 2007. Kirby is a fellow of the Hastings Center , an independent bioethics research institution in the United States. In 2006, he was elected an Honorary Bencher of the Inner Temple in London. In
1974-564: A year in which Kirby had a particularly high level of explicit disagreement with a majority of his colleagues, it is neither premature nor unfair to say that in the frequency of his dissent, his Honour has long since eclipsed any other Justice in the history of the Court... [Kirby] has broken away to claim a position of outsider on the Court which seems unlikely to pass with future years". Kirby has responded, stating that "on their own, statistics tell little"; to understand Kirby's rate of dissent, it
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#17327824847582068-482: Is 4 years in length, while JD is 2 years. Students who have an LLB or JD degree, whether conferred by local universities or the accredited universities overseas, are eligible to apply for admission to PCLL , the legal qualification programme in Hong Kong. In India , legal education is traditionally offered as a three-year graduate degree conferring the title of Bachelor of Laws, requiring prospective students to have
2162-456: Is a postgraduate degree and is required to practice as a barrister in Ireland. At the University of Zimbabwe , the first degree in common law was the Bachelor of Laws (BL), which was equivalent to the LLB in other common law jurisdictions. It was followed by a one-year programme at the university (analogous to post-LLB vocational programmes in other common law jurisdictions) at the end of which
2256-554: Is an undergraduate course. In England and Wales it is also possible to study a programme for conversion called the Graduate Diploma in Law which allows entry to the legal profession following completion of a previous undergraduate degree unrelated to law, which entitles graduates to take the vocational courses for entry into the legal profession. Although Scotland has a mixed legal system, with both civil and common law influences,
2350-774: Is different from Wikidata All article disambiguation pages All disambiguation pages Michael Kirby (judge) Michael Donald Kirby AC CMG (born 18 March 1939) is an Australian jurist and academic who is a former Justice of the High Court of Australia , serving from 1996 to 2009. He has remained active in retirement; in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea , which reported in February 2014. Michael Donald Kirby
2444-426: Is necessary to examine what his disagreements have been about and consider whom he has dissented from . Kirby explains "there have always been divisions, reflecting the different philosophies and perspectives of the office-holders", and that throughout the High Court's history, many dissenting opinions have ultimately been adopted as good law. Further, Kirby argues that the rate of dissent, if seen within its context,
2538-671: Is often a prerequisite for taking bar exams or qualifying as a practising lawyer , depending on the jurisdiction. Additionally, the LLB program also serves as a foundation for further legal education, such as a Master of Laws (LLM) or other postgraduate studies in law. Bachelor of Laws degrees are awarded by universities in regions including Europe , Australia , China , Hong Kong , Macau , Malaysia , Bangladesh , India , Indonesia , Japan , Pakistan , Sri Lanka, Uganda , Kenya , Ghana , New Zealand , Nigeria , Singapore , South Africa , Botswana , Israel , Brazil , Tanzania , Zambia , Zimbabwe , Malawi , and United Kingdom . In
2632-412: Is relatively small. Cases heard before the full bench of the High Court have proceeded through a series of lower courts and special leave hearings. They are thus likely to test the boundaries of the existing law, and raise opposing, though no less valid, views of the law. Kirby retired from the High Court on 2 February 2009, shortly before reaching the constitutionally mandatory retirement age of 70, and
2726-476: Is required to practise law in New Zealand. An LLB typically takes four years to complete, although it is often completed concurrently with another degree, such as a Bachelor of Commerce (B.Com.) or Bachelor of Arts (B.A.), with the combined completion time usually being five years. Most New Zealand universities allow graduates of other degrees to complete an LLB in three years. Six New Zealand universities offer
2820-560: The International Commission of Jurists he encouraged that organisation to give more consideration to human sexuality as an aspect of human rights, and as an Anglican he has expressed disappointment at his church's stance on gay rights. In 2002, at the Sydney Gay Games VI , Kirby was the keynote speaker at the opening ceremony. "The movement for equality is unstoppable. Its message will eventually reach
2914-497: The Juris Doctor as a graduate-entry degree. In Bangladesh, obtaining an LLB degree is a prerequisite for practising as an advocate in a court of law. Both LLB and LLB (Hons.) degrees are offered at public and private universities. Only seven public universities offer LLB (Hons.) degree. Some private universities also offer four-year LLB (Hons.) degrees and one-year LLM courses. The National University of Bangladesh also offers
Michael Kirby - Misplaced Pages Continue
3008-712: The LLM , which Oxford retains the BCL as a master's level course, equivalent to the LLM. Some universities in the UK including Bournemouth University have a four-year LLB course, which consists of a 40-week industrial work placement. Staffordshire University also offers a two-year full-time LLB course. LLB programs in syaria and common law have been introduced by some universities in Pakistan and Malaysia. The United States no longer offers
3102-766: The Peninsular Malaysia (Malaya) and the States of Sabah & Sarawak . Under the Legal Profession Act 1976, a person is deemed to be a qualified person to be admitted as an Advocate & Solicitor if they completed and passed the course of Bar Vocational Course in UK & Wales from any Inns of Court, passed the Certificate in Legal Practice or completed a 4-year LLB (Honours) course from an accredited Malaysian university. An LLB
3196-640: The United Nations to formally refer the situation in North Korea to the International Criminal Court , where Kim could be tried for his personal culpability as head of state and leader of the military, but proposing that the commission come to Pyongyang to discuss the issues with the North Korean government. At a press conference to launch the report, on 17 February 2014, Kirby said that there were "many parallels" between
3290-536: The United States , the Bachelor of Laws was the primary law degree until the 1960s, when it was phased out in favor of the Juris Doctor ; Canada followed suit in the early 21st century. The first academic degrees were all law degrees in medieval universities, and the first law degrees were doctorates . The foundations of the first universities were the glossators of the 11th century, which were also schools of law. The first university, that of Bologna ,
3384-455: The University of Cambridge , though very specialised in purpose. With the frequent absence of parties to suits during the Crusades , the importance of the lawyer role grew tremendously, and the demand for lawyers grew. Traditionally Oxford and Cambridge did not see common law as worthy of study, and included coursework in law only in the context of canon and civil law and for the purpose of
3478-465: The University of Exeter , Kirby delivered the Hamlyn Lectures on the subject of judicial activism . Rejecting the doctrine of strict constructionism , Kirby declared that: Clearly it would be wrong for a judge to set out in pursuit of a personal policy agenda and hang the law. Yet it would also be wrong, and futile, for a judge to pretend that the solutions to all of the complex problems of
3572-439: The University of Sydney , where he earned a Bachelor of Arts (1959), Bachelor of Laws (1962), Bachelor of Economics (1965), and Master of Laws ( First-Class Honours ) (1967). At university, Kirby was elected President of the University of Sydney Students' Representative Council (1962–1963) and President of the University of Sydney Union (1965). Kirby commenced his legal career as an articled clerk for Ramon Burke at
3666-470: The crime against humanity involved in the abductions in the international community and other crimes revealed in our report." In January 2015, one of the key witnesses to Kirby's inquiry, Shin Dong Hyuk , admitted that he had given false testimony. Having sworn that he had spent his childhood entirely in the notorious Camp 14, he changed his story to say that he had been transferred at the age of six to
3760-723: The 11 members of the Eminent Persons Group set up to advise on reform of the Commonwealth of Nations . In 2011, Kirby, suggested that "There is nothing so powerful in the world as an idea whose time has come, and animal protection is just such an idea", becoming a patron of Voiceless , an animal protection institute. Kirby is an avid supporter of the arts. He has appeared in the University of Queensland Law Revue twice since 2004. In May 2007, he appeared in Melbourne alongside hip-hop impresario Elf Tranzporter at
3854-590: The Admiralty Court). Although the University of Oxford and the University of Cambridge did teach canon law until the English Reformation , its importance was always superior to civil law in those institutions. "LLB" stands for Legum Baccalaureus in Latin. The "LL." of the abbreviation for the degree is from the genitive plural legum ("of laws"). Creating an abbreviation for
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3948-584: The Anglican and Catholic archbishops of Sydney, Peter Jensen and George Pell respectively, of hindering the acceptance of gay people in Australian society, stating that homophobia was "reinforced even to this day by religious instruction, and it has to be said, religious instruction from the two archbishops of Sydney". Kirby also expressed disappointment in his "minority of one" status among his High Court of Australia colleagues, and conceded that "some of
4042-582: The Islamabad Bar Council. The Bachelor of Laws obtained from universities in Pakistan consists of a 5-year B.A. -LLB qualification. This rule was laid down by the Pakistan Bar Council in 2016 requiring 5 years of education to obtain a Bachelor of Laws qualification. This change in the legal education rules led to the abolishing of 3 year LLB programs being offered by universities in Pakistan. This rule however does not affect
4136-776: The LLB Law with French Law and Language offered by the University of East Anglia . Various universities in the United Kingdom and Australia will allow a degree that combines study with a non-law discipline. For example, some universities in the United Kingdom offer a combined study of law and history leading to a B.A. degree that is accepted by the Law Society and Inns of Court as equivalent to an LLB. The University of London External Programme in Laws (LLB) has been awarding its law degree via distance learning since 1858. At
4230-438: The LLB degree. Pakistan is a common law country and to become a lawyer in Pakistan, one needs an LLB from a Pakistani or a foreign university from common law country recognised by the Pakistan Bar Council . Lawyers in Pakistan are called advocates . An advocate has to be member of one of the provincial Bar Councils, i.e., Punjab Bar Council , Sindh Bar Council , Khyber Pakhtunkhwa Bar Council , Balochistan Bar Council or
4324-472: The LLB, though some universities have introduced bachelor's degrees in legal studies, featuring curricula that include courses in constitutional law, tort law, and criminal law. These degrees may provide an accelerated pathway into the JD program, allowing students to complete both degrees in six instead of seven years. While the LLB was conferred until 1971 at Yale University , since that time, all universities in
4418-432: The North Korean leadership in the International Criminal Court or before an ad hoc international tribunal. North Korea refused all co-operation with the inquiry and, just before the report was launched, issued a statement claiming that it was based upon "faked" material. As the report was being finalised, on 20 January 2014 Kirby wrote to North Korea's Supreme Leader, Kim Jong-un , informing him that he would be advising
4512-484: The Singapore Bar, graduates are minimally required to possess an LLB or JD from a recognised university. In South Africa the LLB is offered both at the undergraduate and postgraduate levels. As of 1996 it is the universal and only legal qualification for legal practice, superseding the existing B.Juris. and B.Proc. degrees. The undergraduate programme, offered since 1998, requires four years of study. At
4606-628: The Solicitor's Admission Board, whose examinations rendered one eligible to be admitted respectively. The successor of these boards that still operates the alternative is the Legal Profession Admission Board , which issues the distinct Diploma in Law, equivalent to either an LLB or a JD Law degrees typically last 4 years for undergraduate admission or 3 years for university graduates. Of the thirty-eight law schools , thirteen of those universities have also started offering
4700-428: The United States have awarded the professional doctorate JD , which then became the generally standardised degree in most states as the compulsory prerequisite to sit for the bar exam prior to practice of law. Many law schools converted their basic law degree programmes from LLB to JD in the 1960s, and permitted prior LLB graduates to retroactively receive the new doctorate degrees by returning their LLB in exchange for
4794-404: The United States, as to whether judges have the right to interpret the law in the light of its intent and considerations of natural law or whether judges should (or can) simply follow the letter of the law, leaving questions of its intent and underlying principles to elected representatives. Following increasing public scrutiny into, and characterisations of, High Court judgments as 'activist' in
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#17327824847584888-430: The University of Ottawa. The law degree offered by McGill University is a mandatory joint common law LLB and Quebec civil law BCL degree. The programme is four years in length. Admission to that programme is a first-entry programme in the case of Quebec students while it is a second-entry programme in the case of students from other provinces (since two years of university studies is required). The University of Ottawa offers
4982-696: The abduction of Japanese citizens, participating in symposia organised by the Japanese government in Geneva (September 2014) with a UN Human Rights Council Panel and in Tokyo (December 2015). In May 2017, he was awarded the Order of the Rising Sun , Gold and Silver Star, "in recognition of his contribution to promoting understanding of the situation of Human Rights in North Korea in the international society including
5076-507: The academic standard of the new degree. Some universities have now discontinued the programme; in other cases undergraduate students are required to initially register as Arts, Commerce or Science students – with first year law subjects – and, in the second year of study, only those meeting specified criteria may choose to pursue the four-year LLB. The four universities under the National University of Ireland umbrella, award
5170-630: The bachelor's degree was phased out in the 18th or early 19th century but it continued at Oxford and Cambridge. The teaching of law at Oxford University was for philosophical or scholarly purposes and not meant to prepare one to practise law. Professional training for practising common law in England was undertaken at the Inns of Court , but over time the training functions of the Inns lessened considerably and apprenticeships with individual practitioners arose as
5264-412: The bar still did not require any significant educational activity or examination. Therefore, in 1846, Parliament examined the education and training of prospective barristers and found the system to be inferior to the legal education provided in the United States. Therefore, formal schools of law were called for, but not finally established until later in the century, and even then the bar did not consider
5358-581: The degree of Bachelor of Civil Law (BCL). Four Irish universities and two Northern Irish universities award an LLB NUIG offer the LLB as a 1-year postgraduate course for holders of the Bachelor of Corporate Law or Bachelor of Arts in law degrees. Some English and Welsh universities award an LLB in Irish law. In the nineteenth century, the University of London conferred degrees of LLB on clerical and lay students at St. Patrick's College, Carlow from 1840 onwards. The King's Inns Barrister-at-Law degree B.L.
5452-679: The evidence he had heard and crimes committed by the Nazis and their allies in the Second World War. On 22 April 2014 the official news agency of North Korea, KCNA , claimed that the "fabrications" are meant to "undermine the ideology and social system of the DPRK ". The KCNA also criticised Kirby for being gay: "it is ridiculous for such gay [ sic ] to sponsor dealing with others' human rights issue". Kirby remained involved in advocacy on issues of human rights in North Korea and
5546-453: The federal level, as well as in every province or territory except Quebec, a system of common law is used. Because of this, there are two types of Canadian law degrees generally in use. The programme of study for common law has traditionally been an undergraduate LLB degree, which has now been re-designated as a JD at nearly all Canadian common law schools. Entrants to the JD programme generally hold an undergraduate degree before registration in
5640-671: The firm from 1963 to 1967. Kirby was admitted to the New South Wales Bar in 1967. Kirby became the youngest man appointed to federal judicial office in 1975, when he was appointed Deputy President of the Australian Conciliation and Arbitration Commission , a tribunal which adjudicated labour disputes. Later in 1984, the Hon Peter Gray took Kirby's mantle as the youngest man appointed to federal judicial office at 38 years old. In 1983, Kirby
5734-419: The first professional qualification for legal practitioners. This degree requires the study of core legal subjects and jurisprudence to provide a comprehensive understanding of the legal system and its function. The LLB curriculum is designed to impart a thorough knowledge of legal principles, legal research skills, and a sound understanding of the roles and responsibilities of lawyers within society. This degree
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#17327824847585828-674: The four corners of the world," he told a crowd of 35,000. In 2006, he attended the International Conference on LGBT Human Rights in Montreal, presiding over the Asia-Pacific Plenary. Kirby is religious, describing himself as a "Protestant Anglican Christian" and criticising clerical opposition to homosexuality: "I don't want any old gent in frocks to take my religion from me and to me it is still an important aspect of my life". In November 2007, he accused
5922-452: The graduate must obtain a licence from the Law Society of the province where they wish to practise law, which requires a year of articling . The civil law programme in Canada is three years in length. The programme of study for the first degree in Quebec civil law (called LLB, BCL, or LLL) is a first-entry degree programme. Like other first-entry university programmes in Quebec, it requires
6016-582: The ideology. His father supported the Australian Labor Party but never became a member. His mother, it is believed, voted for Robert Menzies ( Liberal Party ). Kirby attended state schools, commencing at North Strathfield Public School, followed by Summer Hill Public School for Opportunity Classes , and then Fort Street High School (then Fort Street Boys High School) in Sydney. After graduating from high school, Kirby later attended
6110-462: The issue of the abductions of Japanese nationals". The honour was presented by Japanese Prime Minister Shinzō Abe and Kirby received the additional honour of an audience with Akihito , the Emperor of Japan , at the Imperial Palace in Tokyo . Kirby described the awarding of the honour to himself and former United Nations special rapporteur Marzuki Darusman as "a clear signal that the Japanese Government has not abandoned its determination to pursue
6204-411: The justices perhaps have less liberal views than I have". Kirby was selected by readers of samesame.com.au as one of the 25 most influential gay or lesbian Australians in every year that this list was published, from 2007 to 2010. Kirby and van Vloten married on 11 February 2019, the 50th anniversary of their first meeting. Kirby's father, Donald, was the only child of Alma Caroline (Norma) Grey,
6298-408: The late 1990s, a number of members of the Court agreed to give interviews in the 1998 documentary The Highest Court . Kirby was one of the few members of the Court who did not take part. An insight into Kirby's jurisprudence and judicial style can be found in his engagement with Gavin Griffith QC in Kruger v Commonwealth , which is featured in the documentary. He had also addressed this topic in
6392-526: The launch of Victorian Arts Law Week, performing a rap of W. B. Yeats 's poetry. Kirby has been openly gay since around 1984. He has lived since 1969 with Johan van Vloten, who migrated to Australia from the Netherlands in 1963, and in 1999 Kirby listed him as his long-term partner in Who's Who in Australia . Van Vloten helped people living with HIV and Kirby became involved in the issue both within Australia and internationally. Kirby has often spoken publicly in support of gay rights. While President of
6486-443: The law programme and a significant number hold a graduate-level degree as well. However, admission may be granted to applicants with two years of undergraduate studies towards a degree. Unlike the United States , the JD is considered a bachelor's degree-level qualification, albeit a "second-entry" one. The common law programme is three years in length. Upon graduation, one holds a Bachelor of Laws or Juris Doctor degree. To practise law,
6580-439: The law today, unresolved by incontestably clear and applicable texts, can be answered by the application of nothing more than purely verbal reasoning and strict logic to words written by judges in earlier times about the problems they then faced... contrary to myth, judges do more than simply apply law. They have a role in making it and always have. These lectures sparked a debate in the Australian media, echoing an ongoing debate in
6674-511: The matters in which he participated, almost twice as many as any of his High Court colleagues; in constitutional cases, his rate of dissent was more than 50%. His notable dissent rate has earned him the nickname the "Great Dissenter". Future High Court Justices who have been considered in contention for the title include Dyson Heydon and Patrick Keane , though neither have dissent rates as high as Kirby's. Legal researchers Andrew Lynch and George Williams observed that "even allowing for 2004 as
6768-552: The national law schools of India, while others continue to offer a traditional three-year programme. Both integrated and traditional types of three-year law degrees are recognised by the Bar Council of India for to qualify for enrolment to the Bar. One needs to have a full-time law degree to practice as a lawyer in India. Distance or online education options are not available to become a practising lawyer in India. Malaysia inherited
6862-410: The nearby Camp 18. He said that he had changed his story after seeing his father (whom he had thought to be dead) on television. Shin apologised but gave few details. Michael Kirby was among the founders of Australians for Constitutional Monarchy , an organisation which played a prominent part in the 1999 republic referendum . Kirby has a reputation as an eloquent and powerful orator, having given
6956-451: The post- and undergraduate degree, it is now offered as an elective. The structure of the undergraduate programme is under review. The issues noted are: graduates of these programmes are seen to be less prepared for the profession as compared to those pursuing the graduate LLB; only 20% of entrants complete the programme within four years; only about 50% of graduates here enter the legal profession at all. Further, there are those who question
7050-519: The postgraduate level, the programme generally requires three years. Several South African universities offer Bachelor of Arts and Bachelor of Commerce degrees with a major in "Law"; graduates may then undertake a two-year postgraduate-programme. Some universities also offer a one-year programme for holders of the B.Proc. degree. The curriculum is typically structured around preliminary, core and advanced courses, and most universities also offer elective coursework. The preliminary courses acquaint
7144-416: The prominent medium of preparation. However, because of the lack of standardisation of study and of objective standards for appraisal of these apprenticeships, the role of universities became subsequently of importance for the education of lawyers in the English speaking world. In England in 1292, when Edward I requested that lawyers be trained, students merely sat in the courts and observed, but over time
7238-530: The purposes of admission as a lawyer in Australia is either the undergraduate LLB program at accredited universities, or the graduate JD (Juris Doctor). Every recognised qualification of each state admission board is reciprocally recognised by all other states. However, prior to degrees, there existed an alternative to a degree to become a lawyer in Australia, which was either the Barrister's Admission Board, or
7332-727: The recognition of LLB degrees of less than 5 years obtained from foreign universities recognised by the Pakistan Bar Council for the purposes of enrolling as an advocate in Pakistan. In Singapore, the LLB is an undergraduate degree conferred by three universities: the National University of Singapore (NUS), the Singapore Management University (SMU), and the Singapore University of Social Sciences (SUSS). Graduate JD courses are also available at all three law schools. To be called to
7426-407: The same term This disambiguation page lists articles about people with the same name. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Michael_Kirby&oldid=1090918758 " Category : Human name disambiguation pages Hidden categories: Short description
7520-671: The same year, the Australian Academy of the Humanities elected him an Honorary Fellow. In July 2009, Kirby accepted a position as adjunct professor in law at the University of Tasmania Faculty of Law. He is also the (founding) Chairman of the Editorial Board of the Journal of Law, Information & Science , which is published by that faculty; a position he has held since 1981. Since 2010, Kirby has been one of
7614-479: The small Sydney firm M. A. Simon and Co., assisting with Compensation Commission cases for plaintiffs. The firm had two principals, Maurice Arthur Simon and Ramon Burke, later a judge of the Compensation Court of New South Wales . After graduation, he moved to Hickson, Lakeman and Holcombe (now Hicksons Lawyers) as a solicitor, practising in insurance litigation and property disputes. He was a partner of
7708-529: The students with both the background and the foundations of the South African legal system , and with legal thinking and analysis in general. The core subjects are those regularly required for legal practice. The advanced courses (usually) comprise further study in these core subjects, deepening and / or broadening the student's knowledge as appropriate. The electives – often comprising these advanced courses, amongst others – allow students to specialise in
7802-403: The students would hire professionals to lecture them in their residences, which led to the institution of the Inns of Court system. The original method of education at the Inns of Court was a mix of moot court -like practice and lecture, as well as court proceedings observation. By the seventeenth century, the Inns obtained a status as a kind of university akin to the University of Oxford and
7896-405: The study of philosophy or history only. The apprenticeship programme for solicitors thus emerged, structured and governed by the same rules as the apprenticeship programmes for the trades. The training of solicitors by apprenticeship was formally established by an act of parliament in 1729. William Blackstone became the first lecturer in English common law at the University of Oxford in 1753, but
7990-611: The undergraduate LLB is the primary route into the legal profession. The Scots Law LLB is generally taken as a four-year honours course, similar to other university degrees in Scotland. Students wishing to satisfy the Law Society of Scotland requirements to become a solicitor must also complete the postgraduate Diploma in Professional Legal Practice at an approved university. A qualifying law degree for
8084-400: The universities of Oxford and Cambridge , the principal law degree remains the Bachelor of Arts, in either Jurisprudence or Law, which is equivalent to an LLB in other universities. Traditionally, the LLB at Cambridge, as well as the Bachelor of Civil Law at Oxford, were postgraduate degrees for specialising in law. The University of Cambridge , recently, replaced their LLB title with that of
8178-452: The university did not establish the programme for the purpose of professional study, and the lectures were philosophical and theoretical in nature. Blackstone insisted that the study of law should be university based, where concentration on foundational principles can be had, instead of concentration on detail and procedure had through apprenticeship and the Inns of Court. The Inns of Court continued but became less effective, and admission to
8272-656: Was Mary. His mother, Jean Langmore Knowles, was born in Berwick, Victoria to William Knowles, an Ulster Scot from Ballymena , and Margaret, as one of four daughters. Jean was a graduate of Sydney Girls High School , obtaining a Leaving Certificate, a rarity for a woman at that time, and worked in numerous paid jobs by virtue of her own successes and ability. Donald Kirby, aged 16, and Jean Knowles first met at Saint Martin's Anglican Church, Kensington . Donald attended Sydney Technical School in Ultimo , and afterwards worked as
8366-579: Was a nurse in the Colorectal Unit of the Royal Prince Alfred Hospital in Sydney, retiring in 2011. As a Supreme Court and High Court Justice, Kirby is styled " The Honourable " for life, according to Australian protocol. Bachelor of Laws A Bachelor of Laws ( Latin : Legum Baccalaureus ; LL.B ) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as
8460-606: Was appointed a judge in the Federal Court of Australia , before an appointment as President of the New South Wales Court of Appeal , a superior court in that state's legal system, in 1984. During that period, he was also the President of the Court of Appeal of Solomon Islands from 1995 to 1996. From 1984 until 1993, Kirby held the position of Chancellor at Macquarie University . In February 1996, Kirby
8554-690: Was appointed to the High Court of Australia . He has served on many other boards and committees, notably the Australian Law Reform Commission (ALRC) and the CSIRO . He is Patron of the Friends of Libraries Australia (FOLA) and many other bodies. Kirby was often at odds with his colleagues in the Gleeson High Court , and sometimes as the sole dissenter. In 2004, he delivered a dissenting opinion on nearly 40% of
8648-579: Was born on 18 March 1939 at Crown Street Women's Hospital to Donald and Jean Langmore (née Knowles) Kirby. He was the eldest of five siblings, followed by twins Donald William and David Charles (the latter died at 18 months from pneumonia), David, and Diana Margaret. In 1943 his grandmother, Norma Gray, remarried and her second husband was Jack Simpson, National Treasurer of the Australian Communist Party . Although Kirby came to admire Simpson, neither he nor his immediate family embraced
8742-447: Was founded as a school of law by four famous legal scholars in the 12th century who were students of the glossator school in that city. The University of Bologna served as the model for other law schools of the medieval age. While it was common for students of law to visit and study at schools in other countries, such was not the case with England because of the English rejection of Roman law (except for certain jurisdictions such as
8836-801: Was succeeded by Virginia Bell . After his retirement, Kirby was appointed to several honorary academic roles at Australian universities. These included appointments to: the Australian National University (ANU) in Canberra, as distinguished visiting fellow in February 2009; the University of New South Wales Faculty of Law as visiting professorial fellow in March 2009; the University of Tasmania Faculty of Law as adjunct professor in July 2009; and Victoria University as an adjunct professor. He has been appointed honorary visiting professor by 12 universities. In November 2003, at
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