A Federation of cultures? Innovative approaches to multicultural accommodation. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights.
Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
Transition to a clean energy future: the role of climate change litigation in shaping our regulatory path. As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.
Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant ....Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant long term financial and other benefits to the nation and will also produce more specific benefits as a result of its case studies of health and water management.Read moreRead less
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less
Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at st ....Non-Discrimination Laws and Religious Freedom: Current Conflicts and Future Directions. Achieving the right balance between adequately protecting religious freedom while staying true to principles of non-discrimination is far from easy. This project will advance understanding and analysis of religious freedom and equal treatment in Australia, in principle, in law and empirically. In the context of community tensions along ethno-religious lines, it will benefit Australia to have the issues at stake described and clarified. The project will identify the relevant interests at stake and develop policy recommendations for their protection. The aim is to contribute to inter-religious (and inter-cultural) harmony, as an element of safeguarding Australia.Read moreRead less
New models of co-operative federalism in Australia: constitutional principles and practice. This project will research the effect of intergovernmental co-operation, through bodies such as the Council of Australian Governments, on Australia's system of constitutional democracy. It will determine how federal governance can be made more effective while respecting State autonomy and maintaining parliamentary and public accountability.
Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and ju ....Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and judicial contexts in two of its Southeast Asian neighbours. The research will inform Australia's aid investments in Cambodia and Vietnam, the region and internationally. It will enhance Australia's ability to achieve more effective design, implementation and evaluation of court-related aid interventions. Read moreRead less