Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and sc ....Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and scope of this problem of abusive constitutional change, as well as potential solutions through constitutional design. It will offer new theoretical insights for the field of comparative constitutional studies, and practical insights for policymakers in Australia and globally.Read moreRead less
Jurisdiction in the internet era of cloud computing, Web 2.0 and geo-location technologies. A global internet presence comes with a global legal risk exposure. Everyone from casual Facebook users to major e-businesses are at risk of being sued anywhere their conduct has an impact. Taking account of cloud computing, Web 2.0 and geo-location technologies, this project reassesses when courts can claim jurisdiction over internet conduct
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
Measuring and evaluating performance in securities market regulation. The global financial crisis continues to generate ‘wicked’ problems of acute social and legal complexity. These have profound implications for the theory and practice of corporate governance and financial regulation. This project will map and evaluate the interaction of rules, principles and social norms to create accountable governance mechanisms.
From famine to food security: the role of international law. This project addresses the pressing question of how the international governance framework might be reformed to avoid future food crises. It will make a major contribution to debates about the role that international law and international institutions can play in addressing current threats to food security.
Domestic and Family violence and border-related harm. This project aims to explore how Australia's migration system intersects with the experience of domestic and family violence for temporary visa holders. By drawing on the accounts of former temporary visa holders via interviews in Australia, Thailand, Vietnam and India, and examining the migration system and processes evident in formal accounts including coronial findings and sentencing judgements, the project expects to generate new knowledg ....Domestic and Family violence and border-related harm. This project aims to explore how Australia's migration system intersects with the experience of domestic and family violence for temporary visa holders. By drawing on the accounts of former temporary visa holders via interviews in Australia, Thailand, Vietnam and India, and examining the migration system and processes evident in formal accounts including coronial findings and sentencing judgements, the project expects to generate new knowledge about connections between migration systems and domestic and family violence. This should provide significant benefits by laying the ground for reform and recommendations to support policy makers and stakeholders more broadly to create better conditions for women’s safety.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.
Globalisation and the policing of internal borders. This project aims to examine processes of social inclusion and exclusion under conditions of globalisation. It investigates the enforcement of immigration law and related policies that divide populations according to hierarchies of effective citizenship. The aim is to identify more inclusive approaches to governance suitable for a globally connected world. The project aims to identify and promulgate positive examples of community and organisati ....Globalisation and the policing of internal borders. This project aims to examine processes of social inclusion and exclusion under conditions of globalisation. It investigates the enforcement of immigration law and related policies that divide populations according to hierarchies of effective citizenship. The aim is to identify more inclusive approaches to governance suitable for a globally connected world. The project aims to identify and promulgate positive examples of community and organisational practices that maximise social inclusiveness.Read moreRead less
Local responses to missing persons and post-conflict peacebuilding . This project aims to fundamentally reshape dominant thinking on the problem of missing persons in post-conflict peacebuilding. Through the first large-scale comparative ethnography of Timor-Leste and Sri Lanka, the research will bring local community approaches, needs and practices around the missing in from the margins to the centre of scholarly analysis and practice. Outcomes include new knowledge about local agency and commu ....Local responses to missing persons and post-conflict peacebuilding . This project aims to fundamentally reshape dominant thinking on the problem of missing persons in post-conflict peacebuilding. Through the first large-scale comparative ethnography of Timor-Leste and Sri Lanka, the research will bring local community approaches, needs and practices around the missing in from the margins to the centre of scholarly analysis and practice. Outcomes include new knowledge about local agency and community understandings of the missing that are relevant to peacebuilding, and enhanced collaborations with scholars and policymakers. Expected benefits include improved international, state and NGO responses to missing persons to meet the needs of families and communities and facilitate sustainable peace after conflict.Read moreRead less
Developing a systematic, interdisciplinary approach to law reform and development in plural legal regimes. This project will focus on developing a response to issues arising from the interaction between different legal systems operating in the same social sphere (legal pluralism). The research aims to build an innovative, inter-disciplinary approach to law reform and legal development, which will accommodate both State law and Indigenous law.