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How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, t ....How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, the project develops a theory of criminalisation; concrete proposals for the reform of core offences, a criminal code and systematic sentencing principles; thereby improving the efficiency, fairness and accountability of the criminal justice system.Read moreRead less
Interpreting Constitutions: A Comparative and Theoretical Study. Constitutional provisions that are ambiguous, vague, or insufficiently explicit must often be interpreted by judges. Should the judges be guided by contemporary values, rather than the original intentions of the founders? That is problematic, because interpretation is then difficult to distinguish from change. Constitutions usually require that they be changed only by some special, democratic procedure. Australian scholars have onl ....Interpreting Constitutions: A Comparative and Theoretical Study. Constitutional provisions that are ambiguous, vague, or insufficiently explicit must often be interpreted by judges. Should the judges be guided by contemporary values, rather than the original intentions of the founders? That is problematic, because interpretation is then difficult to distinguish from change. Constitutions usually require that they be changed only by some special, democratic procedure. Australian scholars have only begun to consider such issues, which have been debated in America for decades. This project will involve a comparison of the methodologies of constitutional interpretation in five different countries, and a theoretical inquiry into the underlying normative and linguistic principles.Read moreRead less
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less
Pushing against globalisation: Understanding how state and non-state actors in socialist transforming East Asia shape global laws and regulations. Improving trade and investment with China and Vietnam is among Australia's foreign affairs and trade priorities. The predictive model will assist Australian policy makers and business investors/exporters to understand how China and Vietnam are likely to deal with transnational treaty obligations such as the World Trade Organisation and bilateral trade ....Pushing against globalisation: Understanding how state and non-state actors in socialist transforming East Asia shape global laws and regulations. Improving trade and investment with China and Vietnam is among Australia's foreign affairs and trade priorities. The predictive model will assist Australian policy makers and business investors/exporters to understand how China and Vietnam are likely to deal with transnational treaty obligations such as the World Trade Organisation and bilateral trade agreements. The project will shed light on domestic resistance to legal globalisation-an inquiry that has been overlooked by existing research. It will also inform important theoretical debates about the role non-state actors play in shaping the regulatory environment in the world's most dynamic economies and improve postgraduate research and teaching programs.Read moreRead less
Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less
Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of ....Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of law in international affairs. In doing so, this international research involving the UN, a Canadian think tank and UN University's Australian based governance institute will allow Australia to take leadership role in multilateral thinking and action to bolster the international rule of law. Read moreRead less
New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it ....New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it fails to recognise that state-based law is neither closed nor autonomous. This project will develop an innovative approach to legal pluralism, and strengthen pluralist thought within Australian law.Read moreRead less
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.Read moreRead less
A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing ....A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing defences to domestic homicide and tort law reform the project will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream.Read moreRead less
The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and ....The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and the importance of judicial decision-making. It will clarify the important issues, and stimulate discussion of further and better solutions to the issue.Read moreRead less