YARNS. with The Hon Michael Kirby AC CMG - Justice, Country & the Constitution

Former High Court Justice Michael Kirby AC CMG joins host Harry Stewart for a wide-ranging conversation about how constitutional law meets lived experience on Country. We revisit the landmark decisions that still shape Australia’s legal landscape—Mabo, Wik, Kartinyeri, and Wurridjal—and use them to explore bigger questions: What does constitutional courage look like? How should courts weigh history, text, and consequences? And where does dissent fit in the long arc of justice? Along the way, we discuss native title and coexistence, the scope of the “race” power after 1967, and why “just terms” in the Territories matters beyond property—because what’s at stake is culture, community, and the rule of law. 

 

Highlights: judicial method vs. outcomes; the place of history in judging; respectful disagreement on the Court; reconciliation and the law’s moral imagination; practical lessons for students, practitioners, and anyone who wants a clearer view of how the Constitution actually works.