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New models of co-operative federalism in Australia: constitutional principles and practice. This project will research the effect of intergovernmental co-operation, through bodies such as the Council of Australian Governments, on Australia's system of constitutional democracy. It will determine how federal governance can be made more effective while respecting State autonomy and maintaining parliamentary and public accountability.
A comparative study of the prerogative and reserve powers in Commonwealth nations. This project will compare and analyse the exercise of unwritten executive powers (such as emergency powers and the power to dismiss governments) in Commonwealth countries with similar systems of government to ours. It will assist in developing good governance in our region and a better understanding of the limits of executive power in Australia.
A Federation of cultures? Innovative approaches to multicultural accommodation. This project examines how state and federal governments can better protect and support the values, beliefs and cultural practices of different cultural and religious groups, especially in matters concerning family life, community identity and freedom of conscience, within a framework of respect for human rights.
1989 and the rule of law revolution. This project explores three elements of the post-1989 worldwide rule of law revolution: constitutionalism, 'dealing with the past', and rule of law promotion. Australia increasingly seeks to promote the rule of law internationally, but these efforts draw on an inadequate base of knowledge and theory. This project work will expand that base.
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
Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This time ....Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in south-east Asia and a new market for foreign investment.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101123
Funder
Australian Research Council
Funding Amount
$375,000.00
Summary
Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the v ....Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the very nature of Australian citizenship, which is a key legal link between individual and state. The project plans to draw on the experience of countries comparable with Australia and relevant theory. It aims to provide guidelines for policy makers and to benefit debate on the legal constitution and nature of the Australian community.Read moreRead less
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
Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and sc ....Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and scope of this problem of abusive constitutional change, as well as potential solutions through constitutional design. It will offer new theoretical insights for the field of comparative constitutional studies, and practical insights for policymakers in Australia and globally.Read moreRead less
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