Indonesia's Constitutional Court: safeguarding democratic transition? This project analyses the Indonesian Constitutional Court's decisions in election-related cases. It examines the Court's role in maintaining democracy and, ultimately, the national unity of Indonesia. By explaining how Indonesian democracy 'works', this project will enhance Australia's economic, political and cultural engagement with Indonesia.
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
1989 and the rule of law revolution. This project explores three elements of the post-1989 worldwide rule of law revolution: constitutionalism, 'dealing with the past', and rule of law promotion. Australia increasingly seeks to promote the rule of law internationally, but these efforts draw on an inadequate base of knowledge and theory. This project work will expand that base.
Open justice and open secrets: the cultural afterlife of criminal evidence. This project explores the consequences of using criminal evidence in the cultural field, after the conclusion of the trial. It investigates whether an appropriate regulatory or ethical framework can be developed in response to challenging or controversial re-deployments of this material by artists, curators, journalists, scholars and others.
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
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in ma ....Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in maps, charts and plans in Australia and the United Kingdom. It aims to highlight the ways in which copyright and the cultural field shape each other and the significance of this for geographic knowledge. The project is designed to engage with contemporary efforts to reform copyright law and policy relating to geographic data.Read moreRead less
Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
....Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
Expected outcomes of the project include law reform and policy recommendations to improve the practice of recording victim/witness statements and management of the use of such evidence in criminal proceedings.
Read moreRead less
A comparative study of the prerogative and reserve powers in Commonwealth nations. This project will compare and analyse the exercise of unwritten executive powers (such as emergency powers and the power to dismiss governments) in Commonwealth countries with similar systems of government to ours. It will assist in developing good governance in our region and a better understanding of the limits of executive power in Australia.
‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less