Australian Laureate Fellowships - Grant ID: FL160100136
Funder
Australian Research Council
Funding Amount
$2,841,908.00
Summary
Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of const ....Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. This project is intended to help governments, judiciaries and the public resolve intense controversies over ideals.Read moreRead less
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.
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
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
Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, an ....Towards Development of a Legal Framework for Regulation of International Marriage Migration. This project identifies gaps and inconsistencies in the legal frameworks which apply to the regulation of international marriage migration in the laws of ‘origin’ states such as Cambodia and Vietnam, and those of ‘destination’ states in East and Southeast Asia in relation to key concepts such as the purpose of marriage, the role of ‘the family’, the rights of women and of children born to such unions, and their citizenship and nationality. It will develop an analytical framework as the basis of a proposal for an international instrument to regulate international marriage migration.Read moreRead less
Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is littl ....Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is little comprehensive research regarding the legal and policy issues associated with regional governance for Indigenous people in Australia. This research project will redress the paucity of in-depth legal analysis in this area, and develop achievable and practical models of regional governance for Indigenous communities, to enhance their cultural, economic and social well-being.Read moreRead less
The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States. This project involves a comparative study by an interdisciplinary team of the implementation of agreements with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a major policy tool for governments, industry and Indigenous peoples. Using case studies, this project will address the critical need for research on implementation of agr ....The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States. This project involves a comparative study by an interdisciplinary team of the implementation of agreements with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a major policy tool for governments, industry and Indigenous peoples. Using case studies, this project will address the critical need for research on implementation of agreements and the factors promoting long-term sustainability. This will involve examination of legal, governance, economic development, land/heritage, and environmental management issues that arise in agreement implementation and investigation of the features of agreements that enhance social, cultural and economic outcomes for Indigenous communities.Read moreRead less