Meeting the challenges of constitutional comparison. This project offers a more genuinely global approach to comparative constitutional law. It will deepen understanding of the operation and underlying assumptions of systems of government in countries around the world, assisting Australia in its dealings with neighbours and strategic partners and in developing its own constitutional arrangements.
Litigation and Liability as Regulation to Reduce Tobacco Related Harm. The new National Tobacco Strategy, signed in November 2004 by all Australian Governments, explains that successful tobacco control interventions bring major social and economic returns, including healthy and independent ageing, sustainable health care systems, a stronger economy, stronger communities, stronger families, improved indigenous health, and less harm from illicit drugs. The NTS acknowledges that regulation is a key ....Litigation and Liability as Regulation to Reduce Tobacco Related Harm. The new National Tobacco Strategy, signed in November 2004 by all Australian Governments, explains that successful tobacco control interventions bring major social and economic returns, including healthy and independent ageing, sustainable health care systems, a stronger economy, stronger communities, stronger families, improved indigenous health, and less harm from illicit drugs. The NTS acknowledges that regulation is a key tobacco control intervention. The research will explore and make recommendations about new regulatory approaches that have the capacity to substantially reduce the harm caused by tobacco, and to maximise the social and economic returns of tobacco control to the community. Read moreRead less
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Interpreting Constitutions: A Comparative and Theoretical Study. Constitutional provisions that are ambiguous, vague, or insufficiently explicit must often be interpreted by judges. Should the judges be guided by contemporary values, rather than the original intentions of the founders? That is problematic, because interpretation is then difficult to distinguish from change. Constitutions usually require that they be changed only by some special, democratic procedure. Australian scholars have onl ....Interpreting Constitutions: A Comparative and Theoretical Study. Constitutional provisions that are ambiguous, vague, or insufficiently explicit must often be interpreted by judges. Should the judges be guided by contemporary values, rather than the original intentions of the founders? That is problematic, because interpretation is then difficult to distinguish from change. Constitutions usually require that they be changed only by some special, democratic procedure. Australian scholars have only begun to consider such issues, which have been debated in America for decades. This project will involve a comparison of the methodologies of constitutional interpretation in five different countries, and a theoretical inquiry into the underlying normative and linguistic principles.Read moreRead less
Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog i ....Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog institutions, and the adaptability of the constitution to changing circumstances could play in securing its resilience against serious threats. Relying on conceptual and empirical methods, using case studies from India, Pakistan, Bangladesh, Nepal and Sri Lanka, to answer these questions, the project will produce a better understanding of constitutional resilience, and the features that promote it to allow constitution makers and reformers to better protect democracy, human rights and the rule of law. This will provide significant national benefit for Australia as it deepens its engagement with South Asia, and the world more generally.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
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
Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States ....Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States jurisprudence - can explain and guide the courts in other democratic countries. Its comparative and theoretical innovation will place Australian scholarship at the forefront of a central problem in modern political life and enrich scholarly and public debate.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE180100048
Funder
Australian Research Council
Funding Amount
$499,899.00
Summary
Foundations of the common law library. This project aims to build a comprehensive, historical, legal resource for the whole common law world, 1215-1914. The free access ‘Foundations of Common Law Library’ will include reported cases from superior courts, and selected others, in all common law jurisdictions. Databases of other key materials such as treatises, legislation, and treaties, will also be added wherever possible. Databases of case law extracted from newspaper reports, prior to formal la ....Foundations of the common law library. This project aims to build a comprehensive, historical, legal resource for the whole common law world, 1215-1914. The free access ‘Foundations of Common Law Library’ will include reported cases from superior courts, and selected others, in all common law jurisdictions. Databases of other key materials such as treatises, legislation, and treaties, will also be added wherever possible. Databases of case law extracted from newspaper reports, prior to formal law reporting will be included. Citations for all documents added will expand greatly an automated international historical citator to the whole of the common law world, linking past and present.Read moreRead less
Executive Power under the Australian Constitution: definition, delimitation and accountability. The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful prot ....Executive Power under the Australian Constitution: definition, delimitation and accountability. The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful protection of Australian interests. This project will provide the first integrated, broadly-based and comparatively-informed analysis of executive government under the Constitution since the emergence of Australian constitutional nationalism in the High Court in the 1990s and since the executive assumed expanded powers in the post 9/11 world.Read moreRead less