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 Laureate Fellowships - Grant ID: FL160100136
Funder
Australian Research Council
Funding Amount
$2,841,908.00
Summary
Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of const ....Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. This project is intended to help governments, judiciaries and the public resolve intense controversies over ideals.Read moreRead less
Understanding and Recognising Indigenous Law and Legal Systems. This project aims to analyse the written constitutions and laws of Indigenous nations in Canada, Australia, New Zealand and the United States. The Project expects to generate the first comparative study of written Indigenous law. It will generate new knowledge of Indigenous legal concepts that will enable settler and Indigenous officials, scholars and members of the public to better understand and recognise Indigenous law. Expected ....Understanding and Recognising Indigenous Law and Legal Systems. This project aims to analyse the written constitutions and laws of Indigenous nations in Canada, Australia, New Zealand and the United States. The Project expects to generate the first comparative study of written Indigenous law. It will generate new knowledge of Indigenous legal concepts that will enable settler and Indigenous officials, scholars and members of the public to better understand and recognise Indigenous law. Expected outcomes of this project include new knowledge that will improve the effectiveness of settler law by ensuring it responds to Indigenous values and aspirations; facilitate the design of Indigenous representative institutions; and assist the negotiation of treaties and other agreements.Read moreRead less
Mapping & Harnessing Public Mistrust: Constitutional Values Survey 2023-27. Declining public trust is well recognised as a problem of democratic government, including in Australia. However solutions are more elusive, confounded by the reality that mistrust and distrust play not just negative, but positive roles in our existing political and constitutional traditions. This project aims to be the first to comprehensively map the positive values of mistrust in citizen political attitudes and experi ....Mapping & Harnessing Public Mistrust: Constitutional Values Survey 2023-27. Declining public trust is well recognised as a problem of democratic government, including in Australia. However solutions are more elusive, confounded by the reality that mistrust and distrust play not just negative, but positive roles in our existing political and constitutional traditions. This project aims to be the first to comprehensively map the positive values of mistrust in citizen political attitudes and experience, building on previous Constitutional Values Surveys (2008-21) to test new measures of the content of trust including a first-ever longitudinal study of changing trust over time. The results will inform concrete solutions to three key policy reform dilemmas, providing better answers for sustaining public trust overall.
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Freedom and inclusion in the modern university. This project aims to understand conflicts in modern universities over intellectual freedom and inclusiveness. Universities are important social institutions whose core values must include a commitment to intellectual freedom and to including people from different backgrounds and with different views. These values have increasingly come into tension, causing anger, division and even violence in some parts of the world. This project aims to develop a ....Freedom and inclusion in the modern university. This project aims to understand conflicts in modern universities over intellectual freedom and inclusiveness. Universities are important social institutions whose core values must include a commitment to intellectual freedom and to including people from different backgrounds and with different views. These values have increasingly come into tension, causing anger, division and even violence in some parts of the world. This project aims to develop a strong theoretical understanding of these conflicts in modern universities and will create a set of practical principles to help universities prevent or manage these conflicts. This project is expected to strengthen universities’ capacities to benefit Australian society and students and staff.Read moreRead less
Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little ....Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little research on undocumented workers on farms. Addressing this critical Australian and international knowledge gap, this project is the first study to comprehensively analyse the role of undocumented migrants in the horticulture industry from a multi-stakeholder approach, involving government, employers and workers.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100279
Funder
Australian Research Council
Funding Amount
$354,205.00
Summary
Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulato ....Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulatory behaviour of key stakeholders. This will contribute to the development of a normative framework designed to inform enforcement strategy, policy-making and work quality within franchises.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200100483
Funder
Australian Research Council
Funding Amount
$424,309.00
Summary
Digital Mental Health Care and the Law. ‘Digital mental health care’ is advancing rapidly in Australia, outpacing legal regulation. This project aims to provide new understanding of the medico-legal issues and develop a nuanced set of principles to guide legal frameworks for digital mental health technologies. The project will expand Australia’s knowledge of digital modalities in mental health care to optimise support services, protect patient privacy, uphold user safety and minimise risk to ind ....Digital Mental Health Care and the Law. ‘Digital mental health care’ is advancing rapidly in Australia, outpacing legal regulation. This project aims to provide new understanding of the medico-legal issues and develop a nuanced set of principles to guide legal frameworks for digital mental health technologies. The project will expand Australia’s knowledge of digital modalities in mental health care to optimise support services, protect patient privacy, uphold user safety and minimise risk to individuals and communities. The research is expected to improve mental health care by assisting people with mental health conditions, health practitioners, government agencies, courts and the broader public to use digital mental health technologies safely and effectively.Read moreRead less
The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world lea ....The socio-legal implications of donor linking. This project aims to understand the impact of donor linking on individual and familial identities and relationships, and the consequences of the growing prevalence of non-statutory linking, such as direct-to-consumer genetic testing and online technologies, for formal regulatory frameworks. Donor linking is the process by which donor-conceived people, donors, and recipient parents access each other's identifying information. Australia is a world leader in statutory linking, but reform has not been matched by equivalent levels of research on the consequences of the practice. This project will constitute an evidence-based platform from which donor-linking law, policy and services can develop domestically and overseas.Read moreRead less