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.
Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data ....Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data from the United States of America, this research examines whether judicial emotion and emotional display enhance or detract from judicial performance, considering impartiality and legitimacy of judicial authority. It aims to generate substantial new knowledge about judicial decision making and judicial behaviour.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101127
Funder
Australian Research Council
Funding Amount
$292,251.00
Summary
Cutting red tape around donations: A new model for deductible gifts. This project intends to simplify the categorisation of recipients of tax deductible gifts so that it is easy to give and receive gifts and so gifts go only to those organisations that are in keeping with public policy. Donations cost approximately $1.3 billion annually. It is therefore important that donation is a streamlined process that encourages social pluralism while ensuring there is a good use of public money. Research i ....Cutting red tape around donations: A new model for deductible gifts. This project intends to simplify the categorisation of recipients of tax deductible gifts so that it is easy to give and receive gifts and so gifts go only to those organisations that are in keeping with public policy. Donations cost approximately $1.3 billion annually. It is therefore important that donation is a streamlined process that encourages social pluralism while ensuring there is a good use of public money. Research indicates that the current approach to determining donation deductibility status is complex and out of step with government policy, public discourse and community needs. The proposed framework will be simple, take into account public policy and be adaptable to the community’s changing needs and values.Read moreRead less
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
1989 and the rule of law revolution. This project explores three elements of the post-1989 worldwide rule of law revolution: constitutionalism, 'dealing with the past', and rule of law promotion. Australia increasingly seeks to promote the rule of law internationally, but these efforts draw on an inadequate base of knowledge and theory. This project work will expand that base.
Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This time ....Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in south-east Asia and a new market for foreign investment.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.Read moreRead less
A comparative study of the prerogative and reserve powers in Commonwealth nations. This project will compare and analyse the exercise of unwritten executive powers (such as emergency powers and the power to dismiss governments) in Commonwealth countries with similar systems of government to ours. It will assist in developing good governance in our region and a better understanding of the limits of executive power in Australia.
Indonesia's Constitutional Court: safeguarding democratic transition? This project analyses the Indonesian Constitutional Court's decisions in election-related cases. It examines the Court's role in maintaining democracy and, ultimately, the national unity of Indonesia. By explaining how Indonesian democracy 'works', this project will enhance Australia's economic, political and cultural engagement with Indonesia.