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
Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes mo ....The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes more generally. This project will document an historic set of engagements spanning 70 years and provide guidance on when international adjudication may be productive for Australia, the Asia-Pacific region and the international legal order. This will provide deeper knowledge of the capacities of international judicial institutions to resolve disputes relating to economic, health, social, cultural and environmental issues.Read moreRead less
Indonesia's refugee policies: responsibility, security and regionalism. This project aims to analyse the formulation and implementation of Indonesia’s laws and policy on refugees and asylum seekers. By utilising original empirical research the project aims to understand better the ‘Indonesian state’, its perceptions and responses to these issues nationally and regionally, and under the bilateral relationship with Australia. The project utilises concepts of responsibility, security and regionalis ....Indonesia's refugee policies: responsibility, security and regionalism. This project aims to analyse the formulation and implementation of Indonesia’s laws and policy on refugees and asylum seekers. By utilising original empirical research the project aims to understand better the ‘Indonesian state’, its perceptions and responses to these issues nationally and regionally, and under the bilateral relationship with Australia. The project utilises concepts of responsibility, security and regionalism to generate new knowledge in the areas of refugee protection, human security and regionalism in Southeast Asia. Expected benefits are strengthened institutional collaboration with Indonesian academics and policy-makers and fresh thinking on responsible regional solutions for refugee protection.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Special Research Initiatives - Grant ID: SR200201046
Funder
Australian Research Council
Funding Amount
$267,833.00
Summary
An Intergenerational Oral History of the Koori Courts. This intergenerational oral history project aims to capture the creation of the Koori Courts in Victoria: an innovative culturally appropriate response to the overrepresentation of Indigenous people in prisons. The project will capture this significant story while the key players are still with us. Outcomes include: building the capacity of Indigenous researchers, identifying insights into institutional change and creating a touring exhibit .... An Intergenerational Oral History of the Koori Courts. This intergenerational oral history project aims to capture the creation of the Koori Courts in Victoria: an innovative culturally appropriate response to the overrepresentation of Indigenous people in prisons. The project will capture this significant story while the key players are still with us. Outcomes include: building the capacity of Indigenous researchers, identifying insights into institutional change and creating a touring exhibition providing an accessible record of a turning point in Indigenous, legal and Australian history. Benefits for Indigenous communities and the wider Australian public include showcasing of an inclusive justice system, thereby supporting confidence in the rule of law.
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