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Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwea ....Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwealth and State levels. It will provide the basis for a more informed debate in this important area and will assess the need for reform of the current system.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL0992134
Funder
Australian Research Council
Funding Amount
$2,770,891.00
Summary
Anti-Terror Laws and the Democratic Challenge. This project lies in the National Research Priority of 'Safeguarding Australia'. It will answer an issue of obvious international importance, that is, how can the law protect the community from terrorism while also maintaining the democratic and human rights values and traditions that underpin good governance and the rule of law. The project offers major security, personal, economic and social benefits to democratic nations. It will build internatio ....Anti-Terror Laws and the Democratic Challenge. This project lies in the National Research Priority of 'Safeguarding Australia'. It will answer an issue of obvious international importance, that is, how can the law protect the community from terrorism while also maintaining the democratic and human rights values and traditions that underpin good governance and the rule of law. The project offers major security, personal, economic and social benefits to democratic nations. It will build internationally competitive research capacity and, in dealing with unanswered questions at the forefront of debate, enable Australians to be leading participants in international scholarship. The project will foster the next generation of talent in the field of anti-terrorism law and public law generally.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
An Australian alternative to Bills of Rights and the promotion of human rights responsibilities. It is important for Australia to have an effective strategy for domestic human rights protection. The project explores one such strategy involving the constitutional adoption of an Australian Charter of Rights that retains and develops exisiting democratic rights and responsibilities and provides incentives to the Parliament to enact comprehensive human rights legislation relating to political, socia ....An Australian alternative to Bills of Rights and the promotion of human rights responsibilities. It is important for Australia to have an effective strategy for domestic human rights protection. The project explores one such strategy involving the constitutional adoption of an Australian Charter of Rights that retains and develops exisiting democratic rights and responsibilities and provides incentives to the Parliament to enact comprehensive human rights legislation relating to political, social and economic power.Read moreRead less
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.
The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific leg ....The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific legal implications of biological information and synergise the intersections. Outcomes and benefits include enhanced communication between jurisprudence and biology, important fora for the disciplines to learn about each other and an internationally recognised national research institute of Law and Biology based in Brisbane.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Chinese firewalls: the death penalty and the people's war on drugs along China's borders. Drug trafficking in and out of China is now a major concern for Australia and the region. Moreover, the transnational nature of trafficking crimes means that international cooperation in law enforcement is increasingly common. Understanding how Chinese agencies deal with serious drug crime is important for agencies such as the Australian Federal Police. In addition to this, Australia has established a bi-la ....Chinese firewalls: the death penalty and the people's war on drugs along China's borders. Drug trafficking in and out of China is now a major concern for Australia and the region. Moreover, the transnational nature of trafficking crimes means that international cooperation in law enforcement is increasingly common. Understanding how Chinese agencies deal with serious drug crime is important for agencies such as the Australian Federal Police. In addition to this, Australia has established a bi-lateral human rights dialogue with China. Understanding how Chinese courts punish drug crime using the death penalty will enhance Australia's ability to engage with and respond to key issues in law and human rights in the region.Read moreRead less
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
Terrorism and the non-State actor after September 11: The role of law in the search for security. September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to acce ....Terrorism and the non-State actor after September 11: The role of law in the search for security. September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to accepted legal categories; debates around exceptionalism as a justification for new laws; their unintended and collateral consequences; and public attitudes to new security measures. The research will enhance understanding of current reactions to terrorism and inform policy analysis and public debate over appropriate future responses.
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