A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing ....A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing defences to domestic homicide and tort law reform the project will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream.Read moreRead less
Special Research Initiatives - Grant ID: SR0354573
Funder
Australian Research Council
Funding Amount
$20,000.00
Summary
To develop an Indigenous Governance Research Network. This initiative is the first national attempt at networking research in the emerging field of Indigenous Governance. The aim is to develop a collaborative and productive research network on Indigenous Governance, well informed by expertise from Australia and internationally.
The Network aims, using best technology, to enable researchers and practitioners to share expertise; facilitate inter-disciplinary collaboration; develop research too ....To develop an Indigenous Governance Research Network. This initiative is the first national attempt at networking research in the emerging field of Indigenous Governance. The aim is to develop a collaborative and productive research network on Indigenous Governance, well informed by expertise from Australia and internationally.
The Network aims, using best technology, to enable researchers and practitioners to share expertise; facilitate inter-disciplinary collaboration; develop research tools; disseminate best practice; and mentor the development of young researchers.
The Network will be unique - nationally and internationally. Expected outcomes include, improved research practice; enhanced understanding of the components of Indigenous governance; practical application of research findings; and enhanced governance capacity.
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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
Constructivism and Conceptual Mobility in Political Philosophy. This analysis of the theory of political concepts is important in contemporary Australian debates over the meaning of justice, democracy and sovereignty. This project will enhance the increasing self-awareness and theoretical sophistication of Australian public culture. Case studies of justice, democracy and sovereignty will directly engage with issues at the forefront of international debates in political philosophy. They will cont ....Constructivism and Conceptual Mobility in Political Philosophy. This analysis of the theory of political concepts is important in contemporary Australian debates over the meaning of justice, democracy and sovereignty. This project will enhance the increasing self-awareness and theoretical sophistication of Australian public culture. Case studies of justice, democracy and sovereignty will directly engage with issues at the forefront of international debates in political philosophy. They will contribute to the international renown of Australian philosophical research and improve the quality of the local research environment for graduate students in philosophy and political theory.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
Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretica ....Controversies of legal interpretation: a philosophical investigation of reasoning and adjudication in some recent contentious cases. A series of High Court decisions in Australia since the 1980's generated a public controversy about the role of moral and political values in adjudication. It has been charged that judges are engaged, not in an exercise of technical legal interpretation, but rather in illegitimate and politically partisan ?judicial activism.? The project investigates the theoretical and applied questions of legal interpretation implicit in this argument. It rejects the charge of judicial activism. It proposes a ?value-maximizing? theory of reasoning and interpretation that characterizes adjudication in contentious cases as precisely a process of theorizing about relevant moral and political values.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775837
Funder
Australian Research Council
Funding Amount
$12,000.00
Summary
A study of how Aboriginal women fare in liberal democracies. This study of how Aboriginal women fare in liberal democracies will contribute to a better understanding of the challenges faced by Aboriginal women in Australia. The survival of Aboriginal culture and the health and well being of Aboriginal children depend on the health of Aboriginal women. A deeper understanding of the institutional difficulties faced by Aboriginal women within Indigenous communities as well as Australia's public i ....A study of how Aboriginal women fare in liberal democracies. This study of how Aboriginal women fare in liberal democracies will contribute to a better understanding of the challenges faced by Aboriginal women in Australia. The survival of Aboriginal culture and the health and well being of Aboriginal children depend on the health of Aboriginal women. A deeper understanding of the institutional difficulties faced by Aboriginal women within Indigenous communities as well as Australia's public institutions will contribute to strengthening Australia's social and economic fabric. 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
Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in inte ....Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in interventions, alliances and treaty making that sometimes support and sometimes undermine sovereignty. This project will assist Australia in its dealings with the world by building a new interdisciplinary model of sovereignty that resolves conceptual confusions and assists us in dealing with the international problems that we face.Read moreRead less
ARC Asia-Pacific Futures Research Network. The ARC Asia Pacific Futures Network is an international vehicle for building research capacity in the national research system to enhance understanding of Australia, its region, and the world. The Network brings experienced researchers working in identified research areas and themes into dynamic collaboration with government and industry through structured programs, with a view to stimulating new research directions, partnerships and training opportuni ....ARC Asia-Pacific Futures Research Network. The ARC Asia Pacific Futures Network is an international vehicle for building research capacity in the national research system to enhance understanding of Australia, its region, and the world. The Network brings experienced researchers working in identified research areas and themes into dynamic collaboration with government and industry through structured programs, with a view to stimulating new research directions, partnerships and training opportunities. In its 5-year plan, the Network will focus on Governance and Security, Culture and Religion, Media and Communications, Health and Population, and Trade and Industry. APFN will also have the capacity to marshal expertise on pressing issues facing Australia and the region as a whole.Read moreRead less