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
Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and ....Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and equity of outcomes. The project will establish a strong theoretical and policy framework for a principled, fair and responsive justice system that is informed by the diverse interests of its constituents and consumers. This research has the support of Victims Support Australasia and in-principle agreement from four member services.Read moreRead less
Parole in crisis? Public opinion on the use of parole. Serious crimes committed by parolees in Australia have brought parole into the public eye. Without concrete evidence, governments often act on the assumption that the public holds punitive attitudes. This project is expected to develop an evidence base to inform policy on parole at a crucial time when governments are under pressure to restrict its use. Three mixed-method studies aim to assess: what public views on parole are; why the public ....Parole in crisis? Public opinion on the use of parole. Serious crimes committed by parolees in Australia have brought parole into the public eye. Without concrete evidence, governments often act on the assumption that the public holds punitive attitudes. This project is expected to develop an evidence base to inform policy on parole at a crucial time when governments are under pressure to restrict its use. Three mixed-method studies aim to assess: what public views on parole are; why the public holds these views; and what influence these views have on policy and practice. The project is expected to make contributions to: creating information strategies that properly inform the public; supporting prisoner reintegration strategies; and shaping criminal justice policies based on informed community feedback.Read moreRead less
Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.Read moreRead less
Learning from Preventable Deaths: A prospective evaluation of reforms to Coroners' recommendation powers in Victoria. Coroners in Australia investigate nearly 13,000 deaths each year and have a unique vantage point on health and safety risks. The public as a whole will benefit from information that helps translate those insights into system changes that work to prevent injuries and accidents from occurring. This project is designed to produce such information. It will also serve stakeholders ....Learning from Preventable Deaths: A prospective evaluation of reforms to Coroners' recommendation powers in Victoria. Coroners in Australia investigate nearly 13,000 deaths each year and have a unique vantage point on health and safety risks. The public as a whole will benefit from information that helps translate those insights into system changes that work to prevent injuries and accidents from occurring. This project is designed to produce such information. It will also serve stakeholders at several other levels. By illuminating circumstances in which coroners recommendations produce positive change, project findings will help coroners shape and disseminate their prevention messages for maximum effect. Also, for states interested in modifying or boosting coroners' recommendation powers, our findings will help guide reforms.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.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.
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
Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog i ....Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog institutions, and the adaptability of the constitution to changing circumstances could play in securing its resilience against serious threats. Relying on conceptual and empirical methods, using case studies from India, Pakistan, Bangladesh, Nepal and Sri Lanka, to answer these questions, the project will produce a better understanding of constitutional resilience, and the features that promote it to allow constitution makers and reformers to better protect democracy, human rights and the rule of law. This will provide significant national benefit for Australia as it deepens its engagement with South Asia, and the world more generally.Read moreRead less
The Neo-Liberal Legal Academy. Profound changes are occurring in the character of Australian public universities, particularly in respect of the commodification of education, of which no study has yet been undertaken. Using the discipline of law as a case study, this project proposes to study the ramifications of change with particular regard to legal academics, legal education and the constitution of legal knowledge. While the main focus will be directed to the Australian legal academy, compari ....The Neo-Liberal Legal Academy. Profound changes are occurring in the character of Australian public universities, particularly in respect of the commodification of education, of which no study has yet been undertaken. Using the discipline of law as a case study, this project proposes to study the ramifications of change with particular regard to legal academics, legal education and the constitution of legal knowledge. While the main focus will be directed to the Australian legal academy, comparisons will be effected with New Zealand, Canada and the United Kingdom which evince similar trends. The study is expected to remedy a lacuna in knowledge and to inform higher education policy.Read moreRead less