Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and pub ....The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and public knowledge of the Court's contribution as a governmental organ to international justice in the 21st century. This improves judicial accountability, enhances Australia's international legal reputation, and meets the government's stated commitment to promoting justice and human rights internationally. The project produces public web-based resources and promotes national research priorities.Read moreRead less
A comparative constitutional history of citizenship Law and gender. Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution-making. This history is relatively well-known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution-making and modernisation increase around the world, along with growing strains on domestic regulation o ....A comparative constitutional history of citizenship Law and gender. Australia has been a historical leader both in progressive citizenship laws for women, and in democratic constitution-making. This history is relatively well-known, but little attention has been paid to the constitutional dimension of citizenship law, and even less with respect to its impact on gender equality. As constitution-making and modernisation increase around the world, along with growing strains on domestic regulation of citizenship in all modern countries, the place of gender equality in these processes is a central issue. This project will engage Australian scholarship in, and enhance Australia's contribution to, an important and growing field, from a comparative and trans-national perspective.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL0992134
Funder
Australian Research Council
Funding Amount
$2,770,891.00
Summary
Anti-Terror Laws and the Democratic Challenge. This project lies in the National Research Priority of 'Safeguarding Australia'. It will answer an issue of obvious international importance, that is, how can the law protect the community from terrorism while also maintaining the democratic and human rights values and traditions that underpin good governance and the rule of law. The project offers major security, personal, economic and social benefits to democratic nations. It will build internatio ....Anti-Terror Laws and the Democratic Challenge. This project lies in the National Research Priority of 'Safeguarding Australia'. It will answer an issue of obvious international importance, that is, how can the law protect the community from terrorism while also maintaining the democratic and human rights values and traditions that underpin good governance and the rule of law. The project offers major security, personal, economic and social benefits to democratic nations. It will build internationally competitive research capacity and, in dealing with unanswered questions at the forefront of debate, enable Australians to be leading participants in international scholarship. The project will foster the next generation of talent in the field of anti-terrorism law and public law generally.Read moreRead less
Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic value ....Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic values that governments seek to protect are not undermined. This project, in providing sustained research and legal analysis in this area, offers significant security, personal, economic and social benefits to Australia as well as to other nations affected by the threat of terrorism.Read moreRead less
International challenges to the Australian legal system: trade and human rights. The traditional notion of the Australian legal system as self-contained can no longer be sustained. Australia's legal structure operates within an international framework in which norms permeate national boundaries and influence local debates. This project will examine how Australian law and parliamentary and judicial institutions have reacted to this challenge, using the areas of trade and human rights as case s ....International challenges to the Australian legal system: trade and human rights. The traditional notion of the Australian legal system as self-contained can no longer be sustained. Australia's legal structure operates within an international framework in which norms permeate national boundaries and influence local debates. This project will examine how Australian law and parliamentary and judicial institutions have reacted to this challenge, using the areas of trade and human rights as case studies. It will contribute to a new theoretical understanding of the Australian legal system as well as providing practical guidance for policy makers.Read moreRead less
The Admission and Exclusion of Asylum Seekers: The Search for Legitimate Parameters. The admission of asylum seekers into Australia is a burning political, legal and human rights issue. While Australia has dramatically reduced the inflow of asylum seekers through the Pacific Solution and other administrative and legal mechanisms, there are serious national and international concerns as to whether the strategies are consistent with international standards and principles of social justice. This p ....The Admission and Exclusion of Asylum Seekers: The Search for Legitimate Parameters. The admission of asylum seekers into Australia is a burning political, legal and human rights issue. While Australia has dramatically reduced the inflow of asylum seekers through the Pacific Solution and other administrative and legal mechanisms, there are serious national and international concerns as to whether the strategies are consistent with international standards and principles of social justice. This project investigates Australia's exclusionary policies towards asylum-seekers and establishes a definitive framework for developing Australian asylum law consistent with international standards.Read moreRead less
Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Cou ....Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Council of Australia (representing all Australian electoral authorities), this project will produce leading scholarship that will assist the ongoing development of an appropriate regime of electoral law for Australia in the 21st century.Read moreRead less
Executive Power under the Australian Constitution: definition, delimitation and accountability. The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful prot ....Executive Power under the Australian Constitution: definition, delimitation and accountability. The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful protection of Australian interests. This project will provide the first integrated, broadly-based and comparatively-informed analysis of executive government under the Constitution since the emergence of Australian constitutional nationalism in the High Court in the 1990s and since the executive assumed expanded powers in the post 9/11 world.Read moreRead less
Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and bus ....Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and business integrity systems (some of which have received international praise for their design and conception) function in order to improve their operation in Australia and to provide examples for other countries.Read moreRead less