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.
Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and ....Fairness and equity for victims of crime: what do victims want, and why don't they get it? The goal of the research is to assist justice and crime victims services agencies to understand their role in relation to crime victims and to develop more effective and responsive ways to meet this important social and justice challenge. The research will contribute to a better understanding how traditional legal and justice processes can be made consistent with victims' needs for procedural fairness and equity of outcomes. The project will establish a strong theoretical and policy framework for a principled, fair and responsive justice system that is informed by the diverse interests of its constituents and consumers. This research has the support of Victims Support Australasia and in-principle agreement from four member services.Read moreRead less
Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United ....Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United States will respond to contemporary conditions of slow growth, wage stagnation, wealth inequality, population aging and longevity. Project outcomes will include tax reform proposals to benefit policy makers and enrich public debate on tax justice for 21st century economic and fiscal conditions.Read moreRead less
Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of t ....Merits Review of Governmental Decision Making: Principles, Theory and Practice. This project will significantly enhance the quality and impact of decisions by federal courts and tribunals and raise the level of public policy debates in areas such as immigration. The concept and practice of merits review is fundamental to legal regulation of government by federal courts and tribunals. In a society that subscribes to the rule of law as a core value, accurate understanding of this concept and of the way knowledge about merits review is communicated to administrators is essential. It will help eliminate inefficient and costly uncertainty and misunderstanding about what the law requires, and make a significant contribution to protecting the rights of individuals.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project w ....Causation and Liability for Wrongs: A Globalised Analysis. All Australians pay when fundamental legal concepts are unclear. Practitioners' advice to clients becomes difficult, costly and uncertain. Disputants are more likely to litigate, putting unnecessary pressure on over-stretched court resources. Australians pay for courts through taxes and pay indirectly when commercial litigants push their higher legal costs down into the prices they charge. Drawing on materials world-wide this project will produce a globally-applicable elaboration of two especially problematic concepts, causation and the extent of liability. Such clarification should reduce waste in the Australian economy while ensuring a basic requirement of justice: that like cases are treated alike. Assessment of damages.Read moreRead less
EEO in a Culture of Uncertainty. Australia appears to be losing its commitment to equal opportunity as work becomes increasingly insecure. Deference to employers, including transnational corporations, is already exercising a disproportionate effect on women, racial minorities and people with disabilities. The impact of the market, globalisation and free trade agreements is resulting in the increasing marginalisation of EEO and anti-discrimination measures. As a turning away from social justice i ....EEO in a Culture of Uncertainty. Australia appears to be losing its commitment to equal opportunity as work becomes increasingly insecure. Deference to employers, including transnational corporations, is already exercising a disproportionate effect on women, racial minorities and people with disabilities. The impact of the market, globalisation and free trade agreements is resulting in the increasing marginalisation of EEO and anti-discrimination measures. As a turning away from social justice in favour of the market and profit-making can only impoverish a democratic society, this timely study will examine the nature of the retreat in the hope that something might be done about it. Read moreRead less
The sight of justice: images and the rule of law. The rule of law is a key issue in global and national governance, which this project will study in a novel way: through the images and art that have helped us make sense of it. This will give new insights into its history, evolution and current challenges, and new ways of encouraging public understanding and engagement with the law.
Discovery Early Career Researcher Award - Grant ID: DE180101594
Funder
Australian Research Council
Funding Amount
$335,983.00
Summary
The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will infor ....The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will inform public debate regarding the ideal attributes of judges and judging, qualities that are essential to maintaining and building public confidence.Read moreRead less
Formal approaches to legal reasoning. This project aims to use formal epistemology to improve understanding of existing legal practices and to propose recommendations for improving the consistency and accuracy of legal proceedings. Since judges and juries rarely know all the relevant facts, they must make the best decision possible in the face of uncertainty. Formal epistemology employs probabilistic reasoning to advance understanding of how to form beliefs and make decisions in response to unce ....Formal approaches to legal reasoning. This project aims to use formal epistemology to improve understanding of existing legal practices and to propose recommendations for improving the consistency and accuracy of legal proceedings. Since judges and juries rarely know all the relevant facts, they must make the best decision possible in the face of uncertainty. Formal epistemology employs probabilistic reasoning to advance understanding of how to form beliefs and make decisions in response to uncertain evidence. The project has potential to influence the relevant policy and will result in improved legal reasoning and risk reduction in legal decision making.Read moreRead less