Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This time ....Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in south-east Asia and a new market for foreign investment.Read moreRead less
Judicial perceptions of the media: a thematic analysis. The relationship between the courts and the media is important for open justice and democratic values. This project examines how judges view the media and their role, and the impact this has on decisions about the media's conduct.
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Using law and ending domestic violence: Women's voices. Domestic violence severely damages communities across the globe and law is recognised as a key mechanism for prevention and redress. This project aims to undertake a longitudinal study examining how women of diverse backgrounds use law to help them live a life free of violence. It will investigate what influences women's decisions to choose particular legal interventions but not others, and will identify any unintended consequences flowing ....Using law and ending domestic violence: Women's voices. Domestic violence severely damages communities across the globe and law is recognised as a key mechanism for prevention and redress. This project aims to undertake a longitudinal study examining how women of diverse backgrounds use law to help them live a life free of violence. It will investigate what influences women's decisions to choose particular legal interventions but not others, and will identify any unintended consequences flowing from legal engagement. This project aims to highlight what contributes to women’s satisfaction and sense of safety resulting from legal interventions over time, to make an important contribution to community education, policy implementation and law reform, both within Australia and internationally.Read moreRead less
Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220100064
Funder
Australian Research Council
Funding Amount
$448,919.00
Summary
Socio-Legal Implications of Virtual Autopsies in Coronial Investigations. This project aims to assess how forensic imaging technology impacts coronial investigations in Australia. It expects to generate new knowledge on the implementation of post-mortem computed tomography in coronial investigations using a socio-legal approach. Expected outcomes include a framework for understanding how the technology has been developed in coronial investigations, and the social and legal effects of using virtu ....Socio-Legal Implications of Virtual Autopsies in Coronial Investigations. This project aims to assess how forensic imaging technology impacts coronial investigations in Australia. It expects to generate new knowledge on the implementation of post-mortem computed tomography in coronial investigations using a socio-legal approach. Expected outcomes include a framework for understanding how the technology has been developed in coronial investigations, and the social and legal effects of using virtual autopsies as a supplement or replacement of post-mortem dissections. This should provide significant benefits for stakeholders of the coronial process, through deeper understanding of how new technologies can be best implemented to improve the efficiency, accuracy and cost-effectiveness of coronial investigations.Read moreRead less
Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state ....Islam, Law and the State in the Philippines. Using the Philippines as a case study, the project plans to offer insights into a question that is of global significance but also of direct relevance to Australia: how Muslim minorities use sharî’a in their search for legitimacy and identity and the role of conflict in that process. It also plans to explore their opposition to the legal systems of modern nation states. The project aims to provide a thorough contemporary description of both the state system for the application of Islamic law in the Philippines and alternative systems developed by Muslim minorities who have used violence in their efforts to secede from that state, and have threatened regional security.Read moreRead less
Regulating Human Body Parts: Principles, Institutions and Politics. Advances in scientific research and technological innovation have led to a huge growth in the use of human body parts in research and medicine, whether on their own or as part of a range of technologies. Adopting a predominantly legal analysis, this project considers whether a common approach to regulating across a range of human body parts is desirable for the purposes of managing risk, promoting innovation and enhancing legiti ....Regulating Human Body Parts: Principles, Institutions and Politics. Advances in scientific research and technological innovation have led to a huge growth in the use of human body parts in research and medicine, whether on their own or as part of a range of technologies. Adopting a predominantly legal analysis, this project considers whether a common approach to regulating across a range of human body parts is desirable for the purposes of managing risk, promoting innovation and enhancing legitimacy. In line with such purposes, new regulatory models and strategies will be formulated which will make a significant contribution to theoretical development on the topic in health law and regulation, as well as Australian and international policy and practice in the field.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101542
Funder
Australian Research Council
Funding Amount
$350,000.00
Summary
Regulating internet content through notice-and-takedown. This project is designed to create a set of principles to help governments, firms and civil society organisations to address harmful online content in more sophisticated ways. Such groups are increasingly seeking to influence the intermediaries that provide internet services to take more responsibility for content on their networks. Globally, these intermediaries receive millions of requests to remove content posted by users each month. Th ....Regulating internet content through notice-and-takedown. This project is designed to create a set of principles to help governments, firms and civil society organisations to address harmful online content in more sophisticated ways. Such groups are increasingly seeking to influence the intermediaries that provide internet services to take more responsibility for content on their networks. Globally, these intermediaries receive millions of requests to remove content posted by users each month. This project seeks to understand how Australian and international intermediaries respond to takedown requests in three areas: copyright, defamation, and hate speech. It aims to create new knowledge about how intermediaries can be influenced to regulate internet content, and how due process and freedom of speech can be protected.Read moreRead less
Reshaping employment discrimination law: towards substantive equality at work? The Australian employment discrimination law system comprises long standing anti-discrimination law and novel discrimination provisions from the Fair Work Act 2009. This project studies the operation and effectiveness of the reshaped system, to assess whether it is likely to be effective in supporting a more substantive version of equality at work.