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
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
Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is litt ....Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is little evidence of how either of these impacts on justice for participants. Understanding the process by which people develop trust during one critical adjudicative process, the jury trial, will allow juries, and other forms of lay decision-making in judicial processes, to be used more effectively in the justice system.Read moreRead less
ISLAM AND ISLAMIC LAW IN REGIONAL INDONESIA. This project is the first qualitative and quantitative analysis of the interpretation of Islamic law in a range of non-metropolitan areas of Indonesia. It will identify key issues of concern and analyse the directions and advice being provided by local religious leaders. The analysis of the relationship between definitions of Islamic law in the regions with State definitions will provide the basis for a more accurate assessment of the process and d ....ISLAM AND ISLAMIC LAW IN REGIONAL INDONESIA. This project is the first qualitative and quantitative analysis of the interpretation of Islamic law in a range of non-metropolitan areas of Indonesia. It will identify key issues of concern and analyse the directions and advice being provided by local religious leaders. The analysis of the relationship between definitions of Islamic law in the regions with State definitions will provide the basis for a more accurate assessment of the process and degree of syariah implementation in Indonesia. Only when this is understood can meaningful assessments be made about the nature of Islam in the world's largest Muslim nation.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE0989083
Funder
Australian Research Council
Funding Amount
$550,000.00
Summary
Australian Social Science Data Archive: Provision of Advanced Research Infrastructure and Collaborative Environment. The Australian Social Science Data Archive (ASSDA) supports researchers in a wide range of social science and humanities disciplines. These researchers are both primary and secondary users of data collected across a range of economic, social, political and cultural areas. Increasingly, complex public policy problems require multi-disciplinary solutions based on a range of data sou ....Australian Social Science Data Archive: Provision of Advanced Research Infrastructure and Collaborative Environment. The Australian Social Science Data Archive (ASSDA) supports researchers in a wide range of social science and humanities disciplines. These researchers are both primary and secondary users of data collected across a range of economic, social, political and cultural areas. Increasingly, complex public policy problems require multi-disciplinary solutions based on a range of data sources to address these problems. This proposal provides a means for Australia's leading edge researchers to advance the knowledge base that can lead to the development of strong evidence based policy. The open access policies of ASSDA ensures that the general public, media, non-government organisation (NGOs) and government agencies are able to examine the public use data sets that are used by researchers to arrive at their conclusions.Read moreRead less