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
Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative ....Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative justice to business regulation, as well as tort, tax, contract and all areas of law.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101055
Funder
Australian Research Council
Funding Amount
$334,775.00
Summary
Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to ....Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to administrative review and redress in different outsourcing contexts. It will generate new knowledge about the operation and effectiveness of redress mechanisms. This will benefit policy-makers and the community by enhancing transparency, fairness and accountability in outsourced decision-making.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less
The legal framework of public administration: a comparative study. This project explores the relationship between administrative law and public administration in Australia, the United Kingdom and the United States. It's main aim is to give Australians generally and Australian public administrators in particular a clearer understanding of the way law frames and regulates the day-to-day implementation of public policy and programmes.
International challenges to the Australian legal system: trade and human rights. The traditional notion of the Australian legal system as self-contained can no longer be sustained. Australia's legal structure operates within an international framework in which norms permeate national boundaries and influence local debates. This project will examine how Australian law and parliamentary and judicial institutions have reacted to this challenge, using the areas of trade and human rights as case s ....International challenges to the Australian legal system: trade and human rights. The traditional notion of the Australian legal system as self-contained can no longer be sustained. Australia's legal structure operates within an international framework in which norms permeate national boundaries and influence local debates. This project will examine how Australian law and parliamentary and judicial institutions have reacted to this challenge, using the areas of trade and human rights as case studies. It will contribute to a new theoretical understanding of the Australian legal system as well as providing practical guidance for policy makers.Read moreRead less
Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Cou ....Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Council of Australia (representing all Australian electoral authorities), this project will produce leading scholarship that will assist the ongoing development of an appropriate regime of electoral law for Australia in the 21st century.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