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
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
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
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
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.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
Discovery Early Career Researcher Award - Grant ID: DE210101183
Funder
Australian Research Council
Funding Amount
$426,530.00
Summary
Artificial Intelligence Decision-Making, Privacy and Discrimination Laws. This project aims to expand knowledge of the effectiveness of Australia’s discrimination and data privacy laws by drawing on empirical mixed methods and comparative US and EU experiences, to provide a new understanding for tackling novel emerging forms of data and artificial intelligence (AI) -driven discrimination and extending Australia's legal capacity in empirical mixed methods research. Intended outcomes include a com ....Artificial Intelligence Decision-Making, Privacy and Discrimination Laws. This project aims to expand knowledge of the effectiveness of Australia’s discrimination and data privacy laws by drawing on empirical mixed methods and comparative US and EU experiences, to provide a new understanding for tackling novel emerging forms of data and artificial intelligence (AI) -driven discrimination and extending Australia's legal capacity in empirical mixed methods research. Intended outcomes include a comprehensive empirical dataset and a normative model for legal reform to address AI and data-driven discriminatory practices in the digital age, thereby contributing to Australia’s AI and machine learning capability, increasing equality, offering reduced risk and long-term economic and social benefits.Read moreRead less
Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This projec ....Threshold Decisions in Determining Whether to Prosecute Child Sexual Abuse. The objective of this project is new knowledge about the way police and prosecutors make decisions about the prosecution of child sexual assault that could be used to influence policy and practice. Few cases of child sexual abuse reported to the police ever go to court but recent research in New South Wales for the Royal Commission indicates that the proportion has declined sharply over the last decade or so. This project aims to examine how police and prosecutors decide which cases proceed and why, and how they confer with each other as well as when and how they consult with complainants and their families. This project plans to also develop and test practice tools and principles for police and prosecutors with expected benefits for both them and the families involved.Read moreRead less
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less