The legal framework of public administration: a comparative study. This project explores the relationship between administrative law and public administration in Australia, the United Kingdom and the United States. It's main aim is to give Australians generally and Australian public administrators in particular a clearer understanding of the way law frames and regulates the day-to-day implementation of public policy and programmes.
Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative ....Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative justice to business regulation, as well as tort, tax, contract and all areas of law.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101055
Funder
Australian Research Council
Funding Amount
$334,775.00
Summary
Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to ....Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to administrative review and redress in different outsourcing contexts. It will generate new knowledge about the operation and effectiveness of redress mechanisms. This will benefit policy-makers and the community by enhancing transparency, fairness and accountability in outsourced decision-making.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE210100043
Funder
Australian Research Council
Funding Amount
$539,000.00
Summary
The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform r ....The Australian Royal Commissions and Public Inquiries Library. This project aims to provide comprehensive free access online to the reports of all royal commissions and other public inquiries held in Australia since Federation. The project
intends to support a wide understanding of the pivotal role public inquiries play in the development of Australian law and public policy. It is expected that these reports will be comprehensively integrated with all other legislation, case law and law reform reports on AustLII to promote a greater understanding of how the balance is struck between inquisitorial fact-finding and the right to procedural fairness of participants and of how justice is delivered through the inquiry function of public bodies.Read moreRead less
Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that acco ....Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that accounts for recent shifts in Australian governance. It will generate a meta-regulatory theory of law. Understanding meta-regulation may enhance regulatory effectiveness, social and procedural justice while advancing the international competitiveness of Australian regulationRead 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
Special Research Initiatives - Grant ID: SR200200550
Funder
Australian Research Council
Funding Amount
$113,075.00
Summary
Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian com ....Citizenship and Claims of Belonging in Australian Law and History. What does it mean legally to ‘be’ an Australian? What role does the law play in shaping theories of belonging to Australia, and concepts of citizenship and Australian nationhood? The Project will address these questions, exploring key constitutional cases in which individual claims to ‘belong’ were the central issue. It will address fundamental issues about the relationship between citizenship and membership of the Australian community, contextualizing these in the social and political culture of their time. Outcomes include a historically grounded understanding of what makes Australian society cohere, and the challenges created at key points in time by shifting and sometimes conflicting legal and social visions of Australian citizenship. Read moreRead less