Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States ....Freedom of Expression in Democratic States: A New Theoretical Direction. Modern democratic states must protect freedom of expression while also responding to the harms caused by hateful, violent and dangerous form of speech - a problem accentuated by increasing racial, religious and ethnic conflict and the threat of (and responses to) terrorism.
The project is important because it aims to develop a theory of freedom of expression that - free from the distorting influence of the United States jurisprudence - can explain and guide the courts in other democratic countries. Its comparative and theoretical innovation will place Australian scholarship at the forefront of a central problem in modern political life and enrich scholarly and public debate.Read moreRead less
Cosmopolitanism and the Future of International Law. Questions about the theoretical foundation and practical effect of international law are extremely timely and of direct interest to Australia. Dominant conceptions of law have proved inadequate for understanding the capacity of international law to respond to the threats and challenges of our time. This project will assist Australians to participate more actively in generating new institutions, concepts and frameworks which will shape the futu ....Cosmopolitanism and the Future of International Law. Questions about the theoretical foundation and practical effect of international law are extremely timely and of direct interest to Australia. Dominant conceptions of law have proved inadequate for understanding the capacity of international law to respond to the threats and challenges of our time. This project will assist Australians to participate more actively in generating new institutions, concepts and frameworks which will shape the future of international law. It will ensure that international law and institutions can better respond to the questions raised and the demands made on Australia by humanitarian crises, economic globalization and the movement of peoples.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
Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwea ....Australian Parliaments and the Protection of Human Rights. Those involved in human rights debates have paid too much attention to the role of courts in protecting human rights and too little attention to legislatures - the most important democratic institutions in States (Waldron 1993, 1999). This project will help to redress this imbalance by providing the first detailed analysis of the way in which human rights are taken into account at each stage of the parliamentary process at both Commonwealth and State levels. It will provide the basis for a more informed debate in this important area and will assess the need for reform of the current system.Read moreRead less
Meeting the challenges of constitutional comparison. This project offers a more genuinely global approach to comparative constitutional law. It will deepen understanding of the operation and underlying assumptions of systems of government in countries around the world, assisting Australia in its dealings with neighbours and strategic partners and in developing its own constitutional arrangements.
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
Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcom ....Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcomes include clarification of the causes and implications of these shifts and innovative understanding of the connection between national security and economic interests in investment. This new knowledge should enhance balance in investment policy and decision-making, with economic and foreign policy benefits for Australia.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL210100133
Funder
Australian Research Council
Funding Amount
$3,192,357.00
Summary
The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and i ....The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and institutions to remedy the current imbalance. This project, and the new generation of researchers it will train, will enhance Australia’s capacity to hold global corporations to democratic standards, legal accountability and taxation, and establish Australia as a world leader in maintaining that balance going forward.Read moreRead less
Evaluating redress mechanisms governing the human rights practices of transnational business: lessons for institutional design and operation. Australian and United Kingdom researchers will collaborate with leading development and human rights organisations to design regulatory systems that promote sustained business compliance with human rights norms, and enable workers and communities to defend their human rights when these are infringed by businesses from Australia and other OECD countries.
Rebuilding fiscal federalism in Australia: reforming the financial relationship between the Commonwealth and the States. The finances of the Australian States in the modern day face serious structural challenges. The aim of this project is to analyse and develop appropriate alternatives for reform of fiscal federalism in Australia, which would allow the States to gain access to income tax revenue as a secure source of funding in the future.