Indigenous knowledge, law, society and the state. Law reform initiatives seek to foster ways of including Indigenous knowledge to resolve matters that come before the law more effectively, as well as redress social disadvantage. This project assesses existing programs in the courts and builds institutional capacity providing for more positive engagement with Indigenous knowledges on law and society.
The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deep ....The history of advocacy and guardianship for people with disabilities in Victoria, 1986 - 2006. The history and analysis of the Victorian Office of the Public Advocate will benefit the national community by providing a fuller understanding of guardianship and advocacy in daily action, and of the interaction between people with disabilities and the state. It will make an important contribution to understanding the changing ways that governments act and deliver services. The project will also deepen understanding of volunteering, in particular of the role ordinary citizens can play in guarding the rights of their fellow citizens. Read moreRead less
Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.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
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE180100048
Funder
Australian Research Council
Funding Amount
$499,899.00
Summary
Foundations of the common law library. This project aims to build a comprehensive, historical, legal resource for the whole common law world, 1215-1914. The free access ‘Foundations of Common Law Library’ will include reported cases from superior courts, and selected others, in all common law jurisdictions. Databases of other key materials such as treatises, legislation, and treaties, will also be added wherever possible. Databases of case law extracted from newspaper reports, prior to formal la ....Foundations of the common law library. This project aims to build a comprehensive, historical, legal resource for the whole common law world, 1215-1914. The free access ‘Foundations of Common Law Library’ will include reported cases from superior courts, and selected others, in all common law jurisdictions. Databases of other key materials such as treatises, legislation, and treaties, will also be added wherever possible. Databases of case law extracted from newspaper reports, prior to formal law reporting will be included. Citations for all documents added will expand greatly an automated international historical citator to the whole of the common law world, linking past and present.Read moreRead less
Just spaces: security without prejudice in the wireless courtroom. How do jurors respond to seeing defendants in a glass cage, in a traditional wooden dock or at the Bar table? The project will examine how courtroom design shapes attitudes; and, bringing together court executives, architects and researchers, will show how flexible wireless courtrooms can meet both security and human rights standards.
Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The resear ....Legitimacy, Deservingness, and Entitlement: Studies in Social Justice. This research program aims to clarify the variables that affect whether authorities are seen to be legitimate or otherwise, and the conditions under which people are perceived to be entitled to benefits or to deserve either positive or negative treatment. We will also examine how personal and social values affect these kinds of judgments, and how judgments of legitimacy, deservingness and entitlement are related. The research program will advance theoretical understanding about social justice in a variety of contexts (eg., organizations, law, government, family). It will also have practical outcomes by suggesting ways of exercising authority that are seen as both effective and fair.Read moreRead less
Gauging informed public opinion on sentencing sex offenders: a national study. Sex offences appear to attract the greatest community condemnation and desire to punish, particularly when involving predatory stranger rapists or when the victims are children. This national study aims to ascertain informed public opinion on sex offender sentencing by exploring the views of jurors in sex offence trials in all higher courts in Australia.
The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the ....The High Court of Australia: A Biographical Study. The High Court of Australia has shaped the legal, political and social landscapes of Australia. Yet despite its wide-ranging importance the Court has largely been the subject of a legal inquiry focusing on its substantial case law. This project seeks to fill a significant gap in the literature with the publication of an institutional history of the Court. Central to this project is a commitment to a multi-disciplinary approach that explores the Court beyond a merely legal paradigm. The outcomes of this project will be publications that situate the law, the judiciary and Australian history within a single explanatory narrative.Read moreRead less