The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human righ ....The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review.
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Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will gen ....Australia's first bill of rights: Assessing the impact of the Australian Capital Territory's Human Rights Act. The ACT is about to adopt Australia's first bill of rights, the ACT Human Rights Act. This project will document and analyse the implementation of this historic law through its effect on executive and legislative policy and its interpretation by the judicial system. It will also develop a framework for assessing the regulatory impact of bills of rights generally. The project will generate monitoring information for the Industry Partner, publicly accessible information for researchers and policy makers and contribute to the scholarly debate about the significance of bills of rights.Read moreRead less
Protecting economic, social and cultural Rights in the ACT: models, methods and impact. This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deli ....Protecting economic, social and cultural Rights in the ACT: models, methods and impact. This project will generate new thinking on the protection of economic, social and cultural rights. It will develop impact assessment frameworks and protocols for the assessment of compliance with these rights. The project will benefit not only the ACT by informing consideration of the inclusion of economic, social and cultural rights in the ACT Human Rights Act, but also other Australian jurisdictions' deliberations over bills of rights, including consideration of a national bill. Other benefits include training students and informing Australia's engagement with the UN on an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.Read moreRead less
Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanism ....Coherent, independent and user-friendly? Participant perceptions of social security administrative review processes in Australia and Britain. The capacity to exercise rights associated with citizenship, and to participate meaningfully in community life, is significantly affected by access to financial security and by community confidence in the independence and fairness of systems of entitlement review. This research will examine recent developments in Australian social security review mechanisms, in both policy and practice. It is of national significance as it will demonstrate the extent to which statutory objectives of fairness, comprehensibility and accessibility are achieved, particularly from the perspectives of participants in appeals. The research has critical implications for legislation, policy and practice in administrative law and tribunal practice. Read moreRead less
The Governance of Defiance. Defiance is a threat to social order. For this reason sanctioning institutions are in place to punish the defiant through legal, financial and sometimes physical means. The institutional rationale is that, at worst defiance will be silenced and at best, compliance will take its place. Increasingly, adverse and unexpected consequences of dealing with defiance in this way have been exposed. To be accountable for their actions, therefore, authorities have begun to develo ....The Governance of Defiance. Defiance is a threat to social order. For this reason sanctioning institutions are in place to punish the defiant through legal, financial and sometimes physical means. The institutional rationale is that, at worst defiance will be silenced and at best, compliance will take its place. Increasingly, adverse and unexpected consequences of dealing with defiance in this way have been exposed. To be accountable for their actions, therefore, authorities have begun to develop more responsive and deliberative systems. But they also need to know how to read defiance. When is defiance an inappropriate response to a more than reasonable request? And when is defiance a reflection of institutional failure? This project can inform such decision making.Read moreRead less
Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and aroun ....Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and around legal settings. It will identify means of improving the provision and evaluation of expert advice in order to enhance the social legitimacy of our legal institutions and facilitate commercial innovation and productivity.Read moreRead less
Developing a Regulatory Framework for Mass DNA Screenings: A comparative study of public requests by crime investigators for bodily samples. The aim of the proposed study is to devise a principled model for regulating the performance of mass DNA screenings by Australian police. A ?mass DNA screening? is a public appeal by criminal investigators for bodily samples in order to test whether donors can be linked to a particular unsolved crime. Recent law reform inquires have recognised that the var ....Developing a Regulatory Framework for Mass DNA Screenings: A comparative study of public requests by crime investigators for bodily samples. The aim of the proposed study is to devise a principled model for regulating the performance of mass DNA screenings by Australian police. A ?mass DNA screening? is a public appeal by criminal investigators for bodily samples in order to test whether donors can be linked to a particular unsolved crime. Recent law reform inquires have recognised that the various legal regimes governing mass DNA screenings are inadequate in many respects. The study will develop a new regulatory framework suitable for implementation in all Australian jurisdictions through a principled consideration of laws and recent practice in Australian and comparative jurisdictions.Read moreRead less
Cultural Politics in Victorian England: the Cowper-Temples and their circle. In an era of 'culture wars' across the English-speaking world (Australia included) the link between elite cultural attitudes and the formation of political agendas is a controversial one - easier to allege than to prove. This project aims to give a firm basis for exploration of interaction between cultural and political elites by going back to historical baseline. Taking the period of the coming of democracy in Victoria ....Cultural Politics in Victorian England: the Cowper-Temples and their circle. In an era of 'culture wars' across the English-speaking world (Australia included) the link between elite cultural attitudes and the formation of political agendas is a controversial one - easier to allege than to prove. This project aims to give a firm basis for exploration of interaction between cultural and political elites by going back to historical baseline. Taking the period of the coming of democracy in Victorian England as this baseline, it investigates the ways in which political insiders in that pioneering society grappled with the possibilities of harnessing cultural issues to shape political agendas.Read moreRead less
Gough Whitlam: People, Party, Politics. This project will be the first contemporary, definitive, biographical study of Gough Whitlam. The biography is part of a broader multimedia platform proposed by the project, enabling access to a range of archival materials on Whitlam, family and colleagues, drawing on its unprecedented access to manuscripts, archival material and the subject himself, together with the creation of an extensive Oral History collection. This project provides a unique opportu ....Gough Whitlam: People, Party, Politics. This project will be the first contemporary, definitive, biographical study of Gough Whitlam. The biography is part of a broader multimedia platform proposed by the project, enabling access to a range of archival materials on Whitlam, family and colleagues, drawing on its unprecedented access to manuscripts, archival material and the subject himself, together with the creation of an extensive Oral History collection. This project provides a unique opportunity to examine Australian political and cultural developments in the twentieth century through the life of one of its most significant public figures.Read moreRead less
Australia's post-Second World War reconstruction reassessed, 1941-1949. The project will provide a better understanding of a major phase of Australian history. While there is substantial awareness of the national effort in the Second World War, the magnitude of the commitment to apply the same spirit to secure peace and redeem sacrifice is less widely recognised. This project will assess the substantial innovation in national government to meet augmented expectations and explore the domestic and ....Australia's post-Second World War reconstruction reassessed, 1941-1949. The project will provide a better understanding of a major phase of Australian history. While there is substantial awareness of the national effort in the Second World War, the magnitude of the commitment to apply the same spirit to secure peace and redeem sacrifice is less widely recognised. This project will assess the substantial innovation in national government to meet augmented expectations and explore the domestic and international context of such actions. It will thus enhance awareness of mid-century social, political and cultural transitions, particularly as they relate to issues that continue to shape our national and international experience.Read moreRead less