Freedom of speech in the post 9/11 era. This project will assess the place of freedom of speech in political attitudes in a post 9/11 world. It will show that, and how, liberal democracies both undermine and simultaneously assert the importance of the fundamental human rights that are the very basis for their perceived vulnerability to terrorists.
Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and ....Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and constitutionalism, while working to subvert such principles. The project will focus on what ‘new populists’ do with power once they have it, what the consequences are for a global view of democracy, and on informing Australia’s geopolitical engagement with such regimes.Read moreRead less
Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data ....Changing Judicial Performance: Emotion and Legitimacy. This project examines emotion and emotional expression in judicial performance. Although judging is understood as unemotional, changing norms demand judicial emotional awareness and impose greater scrutiny of in-court judicial behaviour, creating practical tension for the judiciary and conceptual tension in understanding judging. Using surveys, interviews and observations of the Australian judiciary, and judicial performance evaluation data from the United States of America, this research examines whether judicial emotion and emotional display enhance or detract from judicial performance, considering impartiality and legitimacy of judicial authority. It aims to generate substantial new knowledge about judicial decision making and judicial behaviour.Read moreRead less
Sexual victimisation and justice: reconceptualising theory, research and policy. In the aftermath of serious crime, victims have needs for information, support, material assistance and justice. This project centres on victims' justice needs and presents and tests a model to evaluate and compare the effectiveness of justice responses, including courts, conferences, compensation and truth - seeking.
Investigating the Coronial Determination of Suicide as a Category of Death. Data for suicide statistics can only come from official findings of suicide by a coroner, but this is a finding they are often reluctant to reach. The purpose of this project is to investigate how statistical calculations of suicide are dependent upon its coronial determination. The research is not only expected to result in more defensible national suicide data, it also aims to clarify the degree to which the recurrent ....Investigating the Coronial Determination of Suicide as a Category of Death. Data for suicide statistics can only come from official findings of suicide by a coroner, but this is a finding they are often reluctant to reach. The purpose of this project is to investigate how statistical calculations of suicide are dependent upon its coronial determination. The research is not only expected to result in more defensible national suicide data, it also aims to clarify the degree to which the recurrent 'problem' of suicide data may lie in the coronial construction of suicide itself. Expected benefits of the project include the clarification of the role of the coroners regarding suicide determination, and the more effective targeting of suicide prevention programs.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180101594
Funder
Australian Research Council
Funding Amount
$335,983.00
Summary
The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will infor ....The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will inform public debate regarding the ideal attributes of judges and judging, qualities that are essential to maintaining and building public confidence.Read moreRead less
What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and th ....What is a Document? Evidentiary Challenges in the Digital Age. This project plans to investigate the changing nature and role of documentary evidence in modern Australian litigation. The transformation driven by digital technologies presents challenges to traditional distinctions in the law of evidence. Using case studies, interviews with court officials and legal professionals and observational fieldwork, the project plans to explore methods developed in the fields of information science and the humanities, where understandings of material cultural in the digital age have advanced rapidly, to examine their potential for law. The project is expected to inform policy development in evidence law so that it remains relevant in the information and cultural economies of the digital age.Read moreRead less
Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state ....Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state system for the application of Islamic law in the Philippines and alternative systems developed by Muslim minorities who have used violence in their efforts to secede from that state, and have threatened regional security.Read moreRead less
The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will pro ....The last outlaw: Making a nation from the crimes of Jimmy Governor. This project aims to produce a legal history of the murderer Jimmy Governor to discover the extent to which law-making was generated by acts of law-breaking. The Australian Federation laid the foundations for the nation’s legal institutions under the rule of law. The Aboriginal serial killer, Jimmy Governor, was outlawed and convicted on the threshold of Federation, in 1900. Through Governor’s legal history, the project will produce an account of the law and its outsiders at an important historical moment. This project expects to provide knowledge about punishment, surveillance and imprisonment in the emerging nation, and a history of the rules of evidence and criminal procedure.Read moreRead less
The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judg ....The foundations of civil justice in Australia. This project aims to provide an in-depth historical account of the origins of our civil justice system in Australia. Judicial institutions and their practices were key to the founding of civil society in the Australian colonies. This project will produce new knowledge about the origins of our civil justice system. The project will trace legal reformist ideas in England, their dissemination across Britain's Empire and the impact these had on how judges and administrators in the Australian colonies crafted their judicial practices to provide speedy and effective access to civil justice. As well as scholarly writing, this project will provide a podcast and multi-media website that explains how civil trials worked in the mid-nineteenth century.Read moreRead less