Safeguarding human rights in China: A study of the role of legal aid policy. While China is a well-known Australia n trading partner its efforts to safeguard human rights are not well known. China's legal aid, the focus of this study, promotes human rights in China by assisting women, children, the elderly and disabled with legal advice and education, and representation in court cases. This project describes the innovative Chinese policy, assesses its role in promoting human rights, and propose ....Safeguarding human rights in China: A study of the role of legal aid policy. While China is a well-known Australia n trading partner its efforts to safeguard human rights are not well known. China's legal aid, the focus of this study, promotes human rights in China by assisting women, children, the elderly and disabled with legal advice and education, and representation in court cases. This project describes the innovative Chinese policy, assesses its role in promoting human rights, and proposes practical reforms to further improve legal aid. By improving human rights and the legal system it will also promote the stable conditions in China needed for Sino/Australian trade.Read moreRead less
The Changing Role Of The Magistrates Court. Magistrates courts have far more contact with the community than any other court but have rarely been the subject of direct research. Recent changes include greater professional qualifications for magistrates and increased volume, complexity and seriousness of cases. This project will survey the changing social/demographic characteristics of magistrates; analyse their daily work, especially increased judicial functions; and examine roles played by s ....The Changing Role Of The Magistrates Court. Magistrates courts have far more contact with the community than any other court but have rarely been the subject of direct research. Recent changes include greater professional qualifications for magistrates and increased volume, complexity and seriousness of cases. This project will survey the changing social/demographic characteristics of magistrates; analyse their daily work, especially increased judicial functions; and examine roles played by social service providers. It will produce a better understanding of magistrates courts, emphasising ideas of judicial independence and accountability, essential to ensuring high standards for the Australian legal system and its relation to the community.Read moreRead less
The Australian Judiciary: A National Socio-Legal Analysis. Courts and judges constitute a key social and legal institution, with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workload ....The Australian Judiciary: A National Socio-Legal Analysis. Courts and judges constitute a key social and legal institution, with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workloads and provide valuable information for courts in managing independent professionals. This research will improve public and scholarly understanding of Australia's courts and will help sustain an institution essential for safeguarding Australia.
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Judicial Officers and Workload Allocation. Courts and judges constitute a key social and legal institution with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings about the allocation of judicial work will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to ....Judicial Officers and Workload Allocation. Courts and judges constitute a key social and legal institution with a distinctive obligation to maintain the rule of law. The knowledge produced by this research will benefit the judiciary, the courts, government and the public they serve. Research findings about the allocation of judicial work will be used by courts and government to shape policy in recruitment, selection and professional development. It will assist individual judicial officers to manage their workloads and provide valuable information for courts in managing independent professionals. This research will improve public and scholarly understanding of Australia's courts and will help sustain an institution essential for safeguarding Australia.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: LE120100062
Funder
Australian Research Council
Funding Amount
$330,000.00
Summary
The Australasian Legal History Library: Creating historical depth in legal data on AustLII, to improve all legal research. The Australasian Legal History Library, to be located for free access on AustLII, will provide comprehensive legislation and case law from all colonies (subsequently Australian States, Territories or New Zealand) up to 1950. Its citator will show how these historical materials are used in current legal decisions. It will be a revolution for legal history research.
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.
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less
Work Experience: Labour Law at the Intersection of Work and Education. This project aims to examine the regulatory challenges relating to post-secondary work experience, such as internships, in the areas of labour and employment, anti-discrimination and workers compensation law in Australia. The analysis is designed to establish a global and comparative context, examining policy and regulatory responses in Canada, Europe (including Britain), New Zealand, and the United States of America and at t ....Work Experience: Labour Law at the Intersection of Work and Education. This project aims to examine the regulatory challenges relating to post-secondary work experience, such as internships, in the areas of labour and employment, anti-discrimination and workers compensation law in Australia. The analysis is designed to establish a global and comparative context, examining policy and regulatory responses in Canada, Europe (including Britain), New Zealand, and the United States of America and at the international level. By offering a comprehensive analysis of the theoretical and practical implications of law's boundary between work and education, it is expected to identify optimum approaches to the regulation of post-secondary work experience, and thereby expand policy debates and enhance future law reform.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