FILM REVIEW
Legal methods
The castle 1997
Submitted to:
Prof. Amita Dhanda
Professor of Law
Submitted by:
Shubhank singh
1stYear,1st Semester
Roll No. : 2015-110
Introduction
The castle is a 1997 Australian comedy movie directed by Rob Sitch. A very happy Melbourne family is living where they do, near the Australia’s busy Tullamarine airport (but according to Michael caton it is their backyard)
The Castle, Film synopsis. The castle is starring Michael canton as Darryl Kerrigan patriarch and the backbone of the family of the family; he busies himself with driving a tow truck, racing grey hounds, and adding glutinous decorations to the home which everybody adores. Next comes Anne tinny as sale Kerrigan his beloved wife and the other bones of the family. This movie is more about the “eminent domain” means the unusual right of government to seize the private property for public use
https://en.wikipedia.org/wiki/Eminent_domain, such as the theme of the movie expansion of the airport and for many other reasons, in exchange for your property the government will give you whatever the deems to be fair in terms of market value and that is $70,000
https://en.wikipedia.org/wiki/The_Castle_(1997_Australian_film)
. The movie’s title run off the maxim: the man home is his castle”. One day when everything seems to be usual one thing went out of his way, the main entrance door is knocked by someone, Mr. Kerrigan opened it, there was very unusual guest “the inspector”. His visit turns out to be prefatory step in the purchase of Kerrigan’s so called home by the government supported private developers who wants to expand the airport. Since Darryl Kerrigan have the special affection to his place as like other neighbours, so he decided to say no to the government as well as the powerful development authority for their unjust act. Believing on the general principal that the government cannot force him to leave his house unless it is his discretion, so Darryl attempts to fight the ejection. The agent from the airport tried every possible measure to take the family out of the house like bribing them and bullying them often but their actions only result in braces the Kerrigan determination. Since the family is not the rich one so Darryl hires a substandard lawyer ally, Dennis Denuto (tiriel mora), but his skimpy arguments that the ejection goes against “the vibe” of the constitution hence doesn’t go well in court. While awaiting for the court final decision Derryl make a small but pleasant talk with Lawrence Hammill (bud tingwell) who was there to see his son (barrister) arguing in the court. The court rejected the family appeal and given them the time of two weeks to vacate the house, the money they will be getting may be get them a small apartment in the, so the disconsolate family started packing things. New hope comes with the surprise arrival of Lawrence who introduces himself as queen’s counsel and showed interest in Derryl case and offers to argue in the high court on their behalf, pro bono. Now this time court rules in favour of Derryl, and that’s why making Lawrence a close and lasting friend of the family.
Review
“The castle” is a glutinous house in Melbourne Australia, where the idiocentric family of Kerrigan lives with a thought that they are the luckiest family in the world. They lives very close to the airport that the plane just drags to the roof of the house but they are still happy with it they think that it will be very convenient if they have to flow one day. Darryl Kerrigan is the patriarch of the family, he never complaints infact he feels lucky to have a view of man’s conquest of the nature. One day when the instructor came to their house, he took him for “the tour” and very proudly showed him the fake chimney and the tacky plastic trim decoration he done to the house and also believes that it surely will increase the resale value of the house
http://www.rogerebert.com/reviews/the-castle-1999
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After the few days of the visit of instructor, the Kerrigan family gets a notice of compulsory accusation of the house by the government for $70,000 only. His neighbours there (elderly Jack, divorcee Yvonne, and Farrouk and Tabulah, recent immigrants from Lebanon) they all received the similar kind of notice from the government to vacate their houses for the expansion of the airport. Believing that the government cannot force him to leave his home unwillingly, he decided to fight back to government and the company concerned. They often try to bribe him and sometimes tried to bully him. Over and over again Derryl denied to the money offered and the threats prolonged by the government and the company represntative. Instead of it he hiring a short-time attorney to defend himself before the court and ejecting the Kerrigan’s is against the vibe of the constitution of Australia. Afterwards their hired attorney becomes captivated as he approached the judge to ask him that” how is he doing”? The answer was quite understood “not well”.
Kerrigan looses the appeal this time. Now movie “the castle” is becoming more like serious glimpse, it is showing us the human cost of eminent domain. Now the unquenchable Derryl becomes more like a heart broken because everything is happening just in front of his eyes and he cannot help it. Early on, the movie had showed a scene where the whole Kerrigan family is gathered for the dinner on which the matriarch sal prepared the chicken, Darryl felt something unusual about the chicken so he asked her about that it’s “seasoning” she replied and Derryl glowed in the charm of his wife culinary genius. But now things have changed, Derryl doesn’t care about what is on the table.
The united states supreme court in 2014 rendered a decision on [italic]Kelo v. City of New London[italic] in 2014 that the city could use eminent domain to transfer private property from its owners to a private entity that wishes to use it in a “better” economic manner
https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London
. Reasoning – if the new economic use creates jobs and hence helps to increase the revenue of city then it is de facto verified under both clause of federal and state constitution
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/takings.htm
. This judgement had shocked the majority of the population. Prior to this, the fifth and the fourteenth amendment of the constitution have restraint the reach of eminent domain. The Fifth Amendment states that no person shall be deprived from the life, property, liberty without the due process established by the law and neither the private property will be taken, without just compensation
www.law.cornell.edu/wex/fifth_amendment
. The fourteenth amendment only extended this scope beyond federal to state and local levels. Through the kelo ruling the supreme courts defines the actions of the state as “due process”, ”redefined”, “public use” they have given the green light to the local government to coerce the transfer the property between two private parties. The castle shows the feeling of outrage, grief, trepidation of the normal person felt when they are confronted by the governments or by the private giants with prior permission of government (kelo case deals with the business of Pfizer.)
Happily the Kerrigan family got a chance at last outside the courtroom, Lawrence Hammill, he was there for watching his son who is a barrister performing in court. He takes Kerrigan’s case to the supreme court of Australia where he challenges the legality of the previous of eminent domain under Section 51(xxxi) of the Constitution of Australia
https://en.wikipedia.org/wiki/Section_51(xxxi)_of_the_Constitution_of_Australia
, he end up paraphrasing the fact that that home is just not made up of bricks and concrete but rather it is made up of love, affection, shared memories. The court rules in favour of Kerrigan. The epilogue at the end shows that they again started living happily and properly.
The castle was a big hit in Australia and also managed to win a award, but in north America peoples doesn’t liked it much it never gained the attention it deserve, maybe because of it was a low budget movie with a straight plot line and simple camera angles. The castle is very simple movie leans heavily on repeated jokes of unsophisticated Kerrigan. Nevertheless renting this movie for a small screen would be the right decision because there is no big name in this movie, so one who is used to watching the Hollywood movie for its slickness will be disappointed.
Conclusion
The castle is just a straight forward movie with simple camera positioning. After watching this movie one can come to conclusion like what are the effect of eminent domain and how politics gets indulge into it and how it would become mere a suffering for the poor people. However this movie lacks in politics, they didn’t show that how politics gets indulges to eminent domain when it comes about capturing private land for public use and they never have rationale for it. This movie is a comedy treasure. It is loving laudation of a common man who loves his family so much and can do anything either to save them.