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1
Saunders, Malcolm, and Neil Lloyd. "Holding Australia to Ransom: The Colston Affair, 1996–2003." Queensland Review 17, no. 1 (January 2010): 59–74. http://dx.doi.org/10.1017/s1321816600005262.
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Probably no one who has entered either federal or state Parliament in Australia departed from it as loathed and despised as Malcolm Arthur Colston. A Labor senator from Queensland between 1975 and 1996, he is remembered by that party as a ‘rat’ who betrayed it for the sake of personal advancement. Whereas many Labor parliamentarians – most notably Prime Minister ‘Billy’ Hughes in 1917 have left the party because they strongly disagreed with it over a major policy issue or a matter of principle, in the winter of 1996 Colston unashamedly left it to secure the deputy presidency of the Senate and the status, income and several other perquisites that went with it. Labor's bitterness towards Colston stems not merely from the fact that he showed extraordinary ingratitude towards a party that had allowed him a parliamentary career but more especially because, between his defection from the party in August 1996 and his retirement from Parliament in June 1999, his vote allowed the Liberal-National Party government led by John Howard to pass legislation through the Senate that might otherwise have been rejected.
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Smith, R. F. I., and Gavin Souter. "Acts of Parliament: A Narrative History of the Senate and House of Representatives, Commonwealth of Australia." Labour History, no. 57 (1989): 104. http://dx.doi.org/10.2307/27508965.
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Fenton-Smith, Ben. "Discourse structure and political performance in adversarial parliamentary questioning." Journal of Language and Politics 7, no. 1 (May 26, 2008): 97–118. http://dx.doi.org/10.1075/jlp.7.1.05smi.
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One of the most high-profile and glamorous speech situations to occur in many parliamentary democracies around the world is the spectacle of Question Time. Whereas most of what goes on in parliament may be drab, perfunctory and arcane, Question Time is often dramatic, adversarial, and highly publicised. It is, generally, the only parliamentary procedure to be televised and stands out in the public mind as one of the primary tests of a politicians ability to perform. But how might this performance be judged? Strangely, there has been little systematic linguistic research into the characteristic ways in which this political theatre is stage-managed by its actors. Using the Australian federal parliament as a case study, this paper attempts to elucidate some of the patterns that emerge from a close analysis of all opposition questions directed to government members over a weeks sitting of both the House of Representatives and the Senate. Utilising the tools of systemic functional grammar, recurring discourse structures are identified as standard techniques of formal interrogation between political parties.
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Olivier, Eliot. "Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power." Federal Law Review 40, no. 1 (March 2012): 69–88. http://dx.doi.org/10.22145/flr.40.1.3.
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Political controversies in New South Wales and Canada recently have focused public attention on the constitutional practice of proroguing parliament. They have also shone a light on two lingering areas of uncertainty that surround its operation under the Commonwealth Constitution. This article seeks to clarify these two muddy areas of the law concerning prorogation. The first is the effect of prorogation on the Senate and its committees. Since Federation, the Senate has purported to authorise its committees to continue to function notwithstanding a prorogation of the Parliament. However, it is argued that this practice is unsupported by the provisions of the Constitution and the Senate has no such power. Second, the article examines the operation of the conventions that constrain the Governor-General's power to prorogue. Prorogation generally is exercised on the advice of the Prime Minister. However, this article contends that where a Prime Minister seeks to prorogue Parliament to avoid a vote of no confidence, the Governor-General will have a discretion to reject the advice. It may also be open to the Governor-General to reject an advice to prorogue where the purpose is to avoid scrutiny of a fundamental constitutional illegality. In Australia, the uncertainties that surround prorogation, coupled with the now precarious political landscape in Canberra, create the very real possibility of a prorogation crisis at the Commonwealth level. This article provides a response to these uncertainties. In doing so it offers a solution to how a prorogation crisis can be resolved, whilst maintaining the fine balance of power in our constitutional system.
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CREGAN, KATE. "Sex Definitions and Gender Practices." Cambridge Quarterly of Healthcare Ethics 23, no. 3 (May 27, 2014): 319–25. http://dx.doi.org/10.1017/s0963180113000923.
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Abstract:In recent years the Australian parliament has been considering the rights to protection from discrimination of intersex and gender identity disorder (GID) people. In 2013 such protections were made law in the amendment to the Sex Discrimination Act 1984, which in turn has influenced Senate inquiries into the medical treatment of intersex people. This year’s Australian report describes the purview and the potential ramifications of the inquiry of the Senate Standing Committees on Community Affairs, published in October 2013, into the involuntary or coerced sterilization of intersex people in Australia.
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Kulinich, Mykola. "Ukraine-Australia: Cooperation Based on Values." Diplomatic Ukraine, no. XIX (2018): 235–41. http://dx.doi.org/10.37837/2707-7683-2018-12.
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The article focuses on areas of Australian-Ukrainian cooperation. The author draws attention to Australia’s support for the territorial integrity of Ukraine as well as continuation of the sanctions regime against the Russian Federation. Australia has completely abandoned its activities on the Crimean peninsula, supported all the Ukrainian international initiatives on human rights protection in Crimea. As for the Donbas, Australia officially recognizes the conflict as a foreign invasion, not a civil war. The article deals with important areas of bilateral relations: restoration of the Australian-Ukrainian parliamentary friendship group in the Australian Parliament; the first-ever visit of the President of the Australian Senate to Ukraine; efforts to upgrade the level of Australian diplomatic representation in Ukraine; opening of the Honorary Consulate of Ukraine in Sydney; cooperation on the MH17 plane crash investigation, both bilateral and international; statement of the Australian Senate on the occasion of the 85th anniversary of the 1932-1933 Holodomor in Ukraine; finally, further expansion of areas of collaboration. Economic cooperation is being developed in the nuclear energy sphere. The establishment of the Australian Space Agency, development of energy cooperation as well as synergy in the Antarctic open new opportunities for Ukraine. The role of the Ukrainian diaspora in promoting the interests of Ukraine in Australia deserves particular attention. The author argues that despite geographical remoteness, Ukraine and Australia do share common values. In days of great global turmoil, this fact acquires particular significance. Keywords: Australia, Ukraine, international cooperation, Australia-Ukraine Parliamentary Friendship Group, Senate, international organizations, bilateral relations.
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Coggins, Jeremy, Bianca Teng, and Raufdeen Rameezdeen. "Construction insolvency in Australia: reining in the beast." Construction Economics and Building 16, no. 3 (September 8, 2016): 38–56. http://dx.doi.org/10.5130/ajceb.v16i3.5113.
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Insolvency has become endemic in the Australian construction industry. The scale of the problem has reached such proportions that both the NSW Parliament and the Senate have, in recent times, commissioned inquiries into construction insolvency. This paper aims to identify the reasons as to why the construction industry is so susceptible to insolvency, evaluate the effectiveness of any existing insolvency protection measures available to construction firms, and to identify proposed future measures to address the factors causing construction insolvency. The results of a questionnaire survey designed to discover the extent of the construction insolvency problem, as well as building contractors’ views with respect to the causes and regulation of construction insolvency, in South Australia are presented. The research found that there is an appetite amongst building contractors for the introduction of further regulation to address construction insolvency. Further, although the research found underbidding to be the biggest contributory factor towards construction insolvency, it appears to be the most difficult factor to address through regulation which explains the paucity of recommendations which directly address underbidding emanating from the Senate inquiry in 2015.
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Voytovich, E. A. "Constitutional and legal bases for the formation of the Senate of the Australian Commonwealth." Journal of Law and Administration 16, no. 1 (April 11, 2020): 36–41. http://dx.doi.org/10.24833/2073-8420-2020-1-54-36-41.
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Introduction. The article is devoted to the organizational and legal issues of formation of the Senate of the Commonwealth of Australia. The author analyses the foundations of the constitutional regulation of the formation of the Senate. Now there are no works exploring in detail the manner the Senate of the Australian Commonwealth is formed.Materials and Methods. To create the article, the author used the works of Australian scholars in the field of constitutional law, as well as a number of legal acts regulating the issues addressed in the article. The methodology of the study was based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods).Research Results. The author has considered specific characteristics of the Senate and in particular the constitutional norm establishing the system where senators are elected directly by the people of each entity of the Australian Commonwealth. The author also analyses the formation of the electoral system applied to formation of the Senate of the Australian Commonwealth.Discussion and conclusions. In this article, the author draws attention to the stability and invariability of the foundations of Senate legal regulation, established by the Constitution of the Australian Union, approved by the British Parliament and signed by the British monarch. The author pays attention to the peculiarities of the formation of the Australian legislature.
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Łukaszewski, Marcin. "Zasada incompatibilitas w samorządowym prawie ustrojowym (relacje samorządowiec-parlamentarzysta) i projekt przekształcenia Senatu w Izbę Samorządową." Refleksje. Pismo naukowe studentów i doktorantów WNPiD UAM, no. 4 (October 31, 2018): 147–57. http://dx.doi.org/10.14746/r.2011.4.13.
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The problem of Senate as a self-government chamber and self-government person – parliament deputy relations were shown in the political history of the Polish Third Republic many times. In 2001, when self-government laws were introduced into the political system of self-government, there was an institution of incompatibilitas (incompatibility of self-governmental and parliamentarian seats). It influenced the subsequent public debate about the role of Senate and the emerging plans to transform it into a self-government chamber.
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Pearson, Mark, and Camille Galvin. "The Australian Parliament and press freedom in an international context." Pacific Journalism Review : Te Koakoa 13, no. 2 (November 1, 2019): 139–53. http://dx.doi.org/10.24135/pjr.v13i2.910.
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The article reports on a study using grounded theory methodology to track the contexts in which Australian parliamentarians used the expressions 'press freedom' and 'freedom of press' over the ten years from 1994 to 2004. It uses Parliamentry Hansard records to identify the speeches in which discussions of press freedom arose. Interestingly, the terms were used by members of the House of Representativies or Senate in just 78 speeches out of more than 180,000 over that decade. Those usages have been coded to develop a theory about the interface between press freedom and the parliament. This article reports just one aspect of the findings from the larger study—the way parliamentarians have contrasted the value of press freedom in Australia with press freedom in other countries. It is one step towards building a broader theory of press freedom in the Australian parliamentary context.
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Ward, Ian. "Parliament on “the Wireless” in Australia." Australian Journal of Politics & History 60, no. 2 (June 2014): 157–76. http://dx.doi.org/10.1111/ajph.12052.
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Timofeeva, O. V. "WOMEN's REPRESENTATION IN THE POLISH PARLIAMENT: HISTORY AND MODERNITY." Вестник Удмуртского университета. Социология. Политология. Международные отношения 6, no. 3 (September 16, 2022): 383–92. http://dx.doi.org/10.35634/2587-9030-2022-6-3-383-392.
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The article attempts to trace the history of women's representation in the Polish parliament, its evolution and role in contemporary Polish politics. The author draws attention to the socio-demographic characteristics of women parliamentarians at the beginning of the 20th century and in modern times, to the role of gender quotas in achieving gender equality in the political sphere of the country. The author uses a database of women politicians created as part of a scientific project to analyze Polish women parliamentarians, and also compiles a summary table of the representation of women parliamentarians in the Sejm and the Senate of the country from the moment Poland gained independence to the present day. The author comes to the conclusion that for more than a hundred years of the presence of Polish women in parliament, their composition has become much more consistent with the real social structure of Polish society; the introduction of gender quotas has contributed to the expansion of women's representation, but has not destroyed all existing barriers to Polish women in politics.
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Byliński, Janusz. "Ideowe spory wokół dziejów parlamentaryzmu polskiego." Opolskie Studia Administracyjno-Prawne 14, no. 3 (May 31, 2016): 9–43. http://dx.doi.org/10.25167/osap.1325.
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The history of the Polish parliamentarianism has aroused numerous disputes since long due to many factors, causing difficulties in determining the beginnings of existence of this institution in the former Poland. The basic problem emerged in the distinction of the term “Sejm” (“Polish Parliament”) from the earlier rallies, court veches, local conventions or those covering larger areas of the country, or even all-state conventions, summoned by the particular regional dukes and after the unification of the state by monarchs. The disputes were related to the critical look at the role of Parliament in the history of the state: some glorified it, others expressed their critical view, determined by the historical school which the particular author belonged to. During those disputes, the final form was gained by the Polish Parliament as a bicameral parliament with the king, as one of the states, with the Senate and the Chamber of Deputies in the years 1493–1505.
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Tremblay, Arthur. "Commentaires sur le rapport du Comité mixte spécial sur la réforme du Sénat." Les Cahiers de droit 26, no. 1 (April 12, 2005): 83–92. http://dx.doi.org/10.7202/042648ar.
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In this article the author comments on the feasibility and urgency of adopting propositions from the seventh and the last chapters of the report from the Special Committee on Senate Reform. These chapters deal with the selection of senators, their mandates, the powers of a nominated senate and the internal organization of the Senate. He has choosen these reforms because they could be achieved relatively easily and quickly by the power of the Senate itself, that of the Parliament, the initiative of the Prime Minister or the senator and their political groups. Tremblay suggests that these reforms would not radically change either the essential order of things or serve to restore the image of the Senate. However, he cites the committee's non-renewable nine year mandate, the change in the number of senatorial seats and fair regional representation as in-depth reform measures which could only take place after certain constitutional modifications. The author concludes by saying that due to the present constitutional climate and the history of shelved reform reports, a modest and realistic approach to senate reform should be adopted. The reforms proposed in chapter seven of the Committee's report would be best undertaken by the Senate itself.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Olivier, Eliot. "Proroguing the Parliament of Australia: The Effect on the Senate and the Conventions that Constrain the Prerogative Power." Federal Law Review 40, no. 1 (March 2012): 69–88. http://dx.doi.org/10.1177/0067205x1204000103.
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Cruickshank, Joanna. "Race, History, and the Australian Faith Missions." Itinerario 34, no. 3 (December 2010): 39–52. http://dx.doi.org/10.1017/s0165115310000677.
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In 1901, the parliament of the new Commonwealth of Australia passed a series of laws designed, in the words of the Prime Minister Edmund Barton, “to make a legislative declaration of our racial identity”. An Act to expel the large Pacific Islander community in North Queensland was followed by a law restricting further immigration to applicants who could pass a literacy test in a European language. In 1902, under the Commonwealth Franchise Act, “all natives of Asia and Africa” as well as Aboriginal people were explicitly denied the right to vote in federal elections. The “White Australia policy”, enshrined in these laws, was almost universally supported by Australian politicians, with only two members of parliament speaking against the restriction of immigration on racial grounds.
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Pale, S. E. "Norfolk Island and Australia: a history of uneasy relationship." South East Asia: Actual problems of Development, no. 2 (47) (2020): 224–31. http://dx.doi.org/10.31696/2072-8271-2020-2-2-47-224-231.
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This article is about the complicated relations between Norfolk Island located in the South Pacific and Australia that possesses the island as its ‘external territory’. Over the past century Australia and its tiny but strategically important possession have overcome many difficult moments, the most dramatic of which took place in 2015, when the Australian Parliament ended self-government on the island and put Norfolk under the laws of New South Wales thus making it part of Australia.
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Monballyu, J. "De politieke verantwoordelijkheid voor koninklijke genadebesluiten in België tijdens de 20ste eeuw." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 3 (2007): 275–94. http://dx.doi.org/10.1163/157181907783054941.
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AbstractDuring the 20th century, Ministers of the Department of Justice in Belgium have been politically accountable for the pardons granted by the King. As a result, they had to answer questions on issues of pardons asked by members of both chambers of Parliament, viz. the Chamber of Representatives and the Senate. When responding to these questions, they would choose between two possible approaches: either they refused to disclose the specific reasons for a pardon because of the principle that the Crown's position had to remain protected by ministerial responsibility, or they stated the specific reasons on purely political grounds. On two occasions, the latter approach resulted in the Minister's enforced resignation.
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Thwaites, Rayner, and Helen Irving. "Allegiance, Foreign Citizenship and the Constitutional Right to Stand for Parliament." Federal Law Review 48, no. 3 (June 1, 2020): 299–323. http://dx.doi.org/10.1177/0067205x20927809.
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In 2017, in Re Canavan, the High Court of Australia found five sitting Members of the Commonwealth Parliament to be citizens of a ‘foreign power’ and thus ineligible, under s 44(i) of the Constitution, to hold their seats. In 2018, in Re Gallagher, the High Court found that a Senator who had attempted unsuccessfully to renounce her British citizenship prior to her Senate candidature was similarly ineligible. In this article, we argue that the conclusion in Re Canavan was incorrect: that both the Court’s reasoning about the purpose of s 44(i)—to avoid ‘split allegiance’—and its methodology for determining foreign citizenship were inconsistent in their own right and also against its reasoning in Re Gallagher. We challenge the Court’s conflation of citizenship and allegiance with obedience to a state. We examine the rules of international law for identifying a person’s citizenship, as well as exceptions to these rules, including what came to be known as the ‘constitutional imperative’, which the Court held will exempt a foreign citizen from s 44(i) disqualification under certain circumstances. We conclude that the Court, in seeking to avoid ‘uncertainty and instability’ in its interpretation of s 44(i), did the opposite. Had it looked, instead, to the relevant foreign state for an authoritative determination of a person’s citizenship, confusion and uncertainty surrounding s 44(i) could have been avoided, and a democratic understanding of Australian citizenship could have been prioritised.
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Errington, Wayne, and Narelle Miragliotta. "From the Gallery to the Parliament: Journalists in the House of Representatives and Senate, 1901â2007." Australian Journal of Politics & History 55, no. 4 (December 2009): 530–43. http://dx.doi.org/10.1111/j.1467-8497.2009.01531.x.
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Smits, Jozef, and Bram Wauters. "Het gebruik van de voorkeurstem bij de parlementsverkiezingen van 13 juni 1999." Res Publica 42, no. 2-3 (September 30, 2000): 265–304. http://dx.doi.org/10.21825/rp.v42i2-3.19244.
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At 13 June 1999, elections for the regional Parliaments, the federal Parliament (both House of Representatives and Senate) and the European Parliament were held in Belgium.The percentage of voters casting a preferential vote at these elections increased again, reaching the highest score ever in Belgian history. On average, 60,9 % of the electorate expressed their preference for one or more candidates. Although voters have the possibility to cast a multiple preferential vote (i.e. a vote for several candidates figuring on the same party list) , this possibility is not used very much. A voter who cast a preferential vote, only vote on average for 1,73 candidates.The further increase in preferential votes was a little surprise since strong limitations were imposed upon campaign expenditures and on commercial affichage. Political and social evolutions, such as individualism, anti-party feelings and mediatisation seem to have had a stronger impact upon preferential voting than these material limitations.The use of the preferential vote varies from one constituency to another, from Flemings to Walloons, and from one party to another. There were some notable evolutions. The voters of the extreme-right Vlaams Blok and of the green parties Agalev and Ecolo, who traditionally cast less preferential votes than voters of other parties, have dimished the gap between them and the other parties. Another important evolution is the decrease of pref erential voting in some constituencies in Wallonia. As for the Senate and the European Parliament, more Flemings now cast a preferential vote than Walloons do. The large constituencies used for these elections seem to attract very well-known politicians and as a consequence also very much preferential votes in Flanders.Despite the increase in preferential voting, the order of the list, composed by the party remained in most cases decisive whether or nota candidate was elected.
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English, Bill. "The Tertiary Education Advisory Commission (TEAC) reforms." Journal of Management & Organization 12, no. 1 (June 2006): 68–77. http://dx.doi.org/10.1017/s1833367200004168.
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In this article Bill English, New Zealand's Shadow Minister for Education, tells the story of New Zealand's tertiary education policy development over the past several years. His perspective comes from time in government and from time in opposition. He concludes with the lessons to be learnt, and his prognosis of the main issues to be confronted by that tertiary sector, in the years to come. The lessons to be learnt are just as valuable for the Australian sector as they are for New Zealand academicians.In this article, Polytechnics are the equivalent of the old Colleges of Advanced Education in Australia, or roughly between the TAFE and university sectors. MMP (mixed member proportional) is the proportional system of electing the New Zealand Parliament. This system is similar to the method by which Australians elect their federal Senate. A Wananga is a tertiary institution set up by statute to focus on the educational needs of Maori.
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English, Bill. "The Tertiary Education Advisory Commission (TEAC) reforms." Journal of Management & Organization 12, no. 1 (June 2006): 68–77. http://dx.doi.org/10.5172/jmo.2006.12.1.68.
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In this article Bill English, New Zealand's Shadow Minister for Education, tells the story of New Zealand's tertiary education policy development over the past several years. His perspective comes from time in government and from time in opposition. He concludes with the lessons to be learnt, and his prognosis of the main issues to be confronted by that tertiary sector, in the years to come. The lessons to be learnt are just as valuable for the Australian sector as they are for New Zealand academicians.In this article, Polytechnics are the equivalent of the old Colleges of Advanced Education in Australia, or roughly between the TAFE and university sectors. MMP (mixed member proportional) is the proportional system of electing the New Zealand Parliament. This system is similar to the method by which Australians elect their federal Senate. A Wananga is a tertiary institution set up by statute to focus on the educational needs of Maori.
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Williamson, Maxwell. "Fraccing forum." APPEA Journal 56, no. 1 (2016): 51. http://dx.doi.org/10.1071/aj15005.
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There have been 13 major inquiries completed during the past few years that have addressed the issue of hydraulic fracture stimulation (fraccing) in Australia. There are two inquiries due to report before mid-2016; namely in SA (Natural Resources Committee, Parliament of South Australia, 2015), and the Senate Inquiry (Parliament of Australia, 2015). These inquiries are in addition to many others conducted in overseas jurisdictions including various states of the US, Canada, and in countries in the European Union, including the UK. Concerns are usually concluded around ensuring there is a proper regulatory environment to confirm that the use of fraccing is conducted using international best practices, and the risk to the environment is minimised. In each and every responsible inquiry the conclusion has been that there is no scientific or public policy reason that would justifiably prevent the use of fraccing as a pre-well completion stimulation technique. This paper attempts to synthesise basic data about fraccing—why the ability to fracture stimulate wells is no longer a luxury but a necessity in deep oil and gas production—to convey factual information and summarise the results of inquiries in Australia to date. Comparisons between hydraulic fracture stimulation operations and results in the US and Australia are intended to provide comfort that some of the potentially more intense (massive) hydraulic fracture stimulation operations routinely conducted in the US (and Canada) on an individual well basis are not contemplated in the immediate future in Australia. The scale of North American fraccing activities may bear little resemblance to what may be proposed or occur in Australia owing to fundamental differences in geology, basin stress regimes, infrastructure, and cost and logistics, among other factors. The author’s conclusion is that fraccing in Australia can and will be carried out in a sphere of safety and regulation that many other countries are likely to aspire to copy. It would, however, be foolish to suggest hydraulic fracturing operations are not without some risk, as with many industrial and other daily activities, but the risks can be managed or mitigated with sound engineering and scientific practices. This is irrespective of the messages by opponents of hydraulic fracture stimulation in oil and gas wells. The modern practice of fraccing has been used now for more than 65 years, albeit with increasing scale commensurate with technological advances, which has caught the public’s imagination. Indeed, the results of inquiries have given no credence to demonising the technology.
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Monballyu, J. "The political responsibility for Royal pardons in Belgium during the 19th century (1830–1900)." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 2 (2007): 153–78. http://dx.doi.org/10.1163/157181907781352582.
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AbstractIn Belgium, the Royal Prerogative of pardoning convicted criminals was legally embedded in the Constitution of 14th February, 1831. It allowed the King to reduce a sentence or to grant a discharge of a sentence given by a court. Any Royal decision to pardon had, however, to be countersigned by a member of the Government, who took on the political responsibility of the decision towards Parliament. In most cases, the task fell upon the Minister of Justice. During the 19th century, in both Houses of the Belgian Parliament, the Minister of Justice was repeatedly questioned about the way the prerogative of pardoning was exercised. This usually occurred when a death sentence had been commuted to a lesser sentence. In such cases, members of the Chamber of Representatives or of the Senate would ask for an explicit justification of a particular pardon. Only exceptionally would a Government Minister be challenged about the legality of a decision either granting or refusing a pardon. Because of the constitutional convention which prevents exposing directly the political position of the King, Jules d'Anethan (Minister of Justice 1843–1847) defended the Minister's right to refuse to give any reasons for a decision regarding a pardon. He only acknowledged Parliament's right to question a Minister about his general policy on pardons. In his view, it was not within Parliament's powers to ask a Minister of Justice why a pardon had been granted or refused in a specific case. That view tended to limit considerably a Minister's responsibility for Royal pardons: it became no more than an empty shell. Another Minister of Justice, Théophile De Lantsheere (1871–1878), took an opposite view. He refused to state his general policy on pardons, but he accepted to explain the specific reasons why a Royal decision granting or refusing a pardon had been made. In his view, a pardon was in the first place a matter for the Minister's conscience. Parliament was therefore entitled to assess his particular actions. However, in the line of his predecessors' and successors' view, he believed that the reasons why the King had insisted on a pardon or refused to grant a pardon should not be mentioned to Parliament. Pardon was an issue between King and Government, not between King and Parliament. As the saying goes in Belgian constitutional law: The Crown should never be laid 'bare'.
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Mohd. Shamsuddin, Salahuddin, and Siti Sara Binti Hj. Ahmad. "Ancient History of Arabian Peninsula and Semitic Arab Tribes." Advances in Social Sciences Research Journal 7, no. 5 (May 23, 2020): 270–82. http://dx.doi.org/10.14738/assrj.75.8252.
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In this article we introduced first the ancient history of Arabian Peninsula, and pre-Islamic era and then we focused a spot light on the people of Arabian Peninsula, highlighting the four waves of migration of Semitic Arabs from the southern to northern Arabian Peninsula, then we mentioned the situation of Northern Arabs and their tribal fanaticism, then we differentiated between Qahtaniyya and Adnaniyya Arab tribes including their three Classes: Destroyed Arab, Original Arab and Arabized Arab. We also explained the tribal system in the pre-Islamic era, indicating the status of four pillars of the tribal system:
Integration and alliance among the tribes
Tribal Senate or Parliament
Tribes and sovereignty over the tribes
Members of the tribes and their duties towards their tribal society
In the end we described the master of Arab tribe who was the brightest person had a long experience and often had inherited his sovereignty from his fathers to achieve a high status, but it does not mean that he had a broad sovereignty, as his sovereignty was symbolic. He had no rights except that he was obeyed and respected by everyone. We tried to mention all these points with some further details.
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Ułanowicz, Mateusz. "Działalność parlamentarna Michała Łazarskiego (1928–1939)." Miscellanea Historico-Iuridica 20, no. 1 (2021): 187–218. http://dx.doi.org/10.15290/mhi.2021.20.01.10.
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Michał Łazarski (1896–1944) was born in Sztabin in Suwałki Governorate. His parents were Teofila and Józef. He was a deputy of Sejm of the Republic of Poland in the years 1928–1938 and subsequently a senator from 1938 until 1939. He was also a well-known local government activist in the Białystok Voivodeship. He was interested in agriculture and the military. Before he started his career in the Parliament, he had fought for his Motherland as a member of The Polish Military Organisation as well as during the Polish-Soviet War. Michał Łazarski died at the time of the Warsaw Uprising on 1st of August 1944. The main point of this publication is to present his parliamentary activity. The biography of Łazarski was a subject of research by H. Majecki, J. Rółkowski, G. Ryżewski, W. Batura, A. Makowski, J. Szlaszyński and others. The majority of information about the deputy was gathered in a publication called “Aktywni w codzienności: z dziejów instytucji i stowarzyszeń gminy Sztabin”. The main resources of Łazarski’s parliamentary activity of the interwar period are Sejm and Senate documents located in the Sejm Library’s website (https://biblioteka.sejm.gov.pl). I have also used press materials and publications describing the history of Polish parliamentarism. The point of this publication is also to present how the Sejm and Senate in II Republic of Poland operated. The parliamentary activity of Michał Łazarski in the interwar period is a good way to realise this intention. It was a very intense period in the history of polish parliamentarism.
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Duffy, Norman F. "The Genesis of Arbitration in Western Australia." Journal of Industrial Relations 28, no. 4 (December 1986): 545–63. http://dx.doi.org/10.1177/002218568602800405.
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The use of compulsory arbitration for the determination of the conditions of employment has a long history in Australia. This paper covers the events leading up to the introduction of legislation for conciliation and for the compulsory arbitration of industrial disputes in Western Australia. After two bruising strikes and the experience of successful voluntary arbitration, the union movement came to the view that compulsory arbitration would be to their advantage. The development of political links between the unions and some members of the Legislative Assembly, coupled with certain fortuitous circumstances in the Parliament, resulted in arbitration legislation being passed in 1900—despite the dominance of the political scene by conservative forces and the opposition of the employers. Early experiences with the legislation showed that conciliation was not successful when arbitration was readily available and that the Act was not the answer to all the problems of the trade union movement.
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Fairbrother, Peter, Stuart Svensen, and Julian Teicher. "The Ascendancy of Neo-Liberalism in Australia." Capital & Class 21, no. 3 (October 1997): 1–12. http://dx.doi.org/10.1177/030981689706300101.
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On 19 August 1996, thousands of trade unionists and others stormed the Australian Parliament protesting against the Coalition Government's Work place Relations Bill. In a very visible departure from the years of cooperation and compromise with the previous Federal Labor Government, the Australian Council of Trade Unions (ACTU) called on trade unionists and their supporters to demonstrate their opposition to the proposed legislation. This outbreak of anger might be thought to herald a reaction to heightened attacks on the Australian working class, ushered in by the election of the Coalition Government on 2 March 1996, which ended thirteen years of Labor rule under leaders Bob Hawke (1983-1991) and Paul Keating (1991-1996). However, while indicating a renewed activism by a disenchanted and alienated working class, this outburst of anger was not attributable to a sudden shift in the overall direction of government policy. Rather, it was an expression of a profound disenchantment with thirteen years of Australian ‘New Labor’ and a fear of the future under a Coalition Government committed to the sharp edges of the neo-liberal agenda.
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Loginova, Irina. "Creating disorder." Journal of Language and Politics 14, no. 6 (December 31, 2015): 801–29. http://dx.doi.org/10.1075/jlp.14.6.04log.
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This paper investigates the effect of an upcoming election on disorderly behaviour in two Houses of Representatives: that of the Australian Federal Parliament and that of the New Zealand Parliament. Two hypotheses are tested. The first hypothesis is that, notwithstanding their common origins in the Westminster parliamentary tradition, there are significant genrelectal differences in the way the two Houses respond to the impending election. The second hypothesis is that both will respond by becoming increasingly disorderly. The locus for measuring disorderly conduct is taken from the Wednesday parliamentary Question Time for the year 2007 in the case of Australia and 2008 in the case of New Zealand. All instances of disorderly conduct were tracked and a month-by-month measure was made of each kind of disorder as indicated by Standing Orders. All responses of the Speaker to disorder were also logged. The research shows that both hypotheses are corroborated.
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Nguyen, Nathalie Huynh Chau. "Memory in the Aftermath of War: Australian Responses to the Vietnamese Refugee Crisis of 1975." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 02 (June 15, 2015): 183–201. http://dx.doi.org/10.1017/cls.2015.21.
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Abstract This article interweaves the personal and archival by exploring the intersection of official Australian records on the fall of Saigon and government handling of Vietnamese refugees in 1975 with my family history. As transitional justice addresses the legacies of human rights violations including the displacement and resettlement of refugees in post-conflict contexts, Australian responses to the Vietnamese refugee crisis of 1975 provide a relevant case study. Drawing on a wide range of archival documentation at the National Archives of Australia and the National Library of Australia, including policy papers, Senate findings, confidential cables, ministerial submissions, private correspondence and photographs, I trace the effect of government decisions on Vietnamese refugees seeking asylum. In the process I reveal actions by senior bureaucrats and in particular by then Prime Minister Gough Whitlam that are largely unknown. Combining archival research with personal history enables me to not only shed light on past actions of governance and uncover past injustice but also explore the enduring impact of government decision-making on individual lives.
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Mita, Rudina. "Aspects from the Parliamentary Elections’ Campaign of 1925 in the Prefecture of Elbasan." European Journal of Social Sciences 1, no. 3 (November 29, 2018): 123. http://dx.doi.org/10.26417/ejss.v1i3.p123-128.
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The first parliamentary election campaign in Albania was held in March – April 1921. This constituted innovation for Albania, since it was considered as a country with a fragile democracy and parliamentarism. The second experience was in December 1923, in the framework of the elections of the Constitutional Assamble, as the institution that would determine the kind of regime in Albania. In January 1924, after the Konstitutional Assamble fulfilled its mission, it changed into Parliament, which executed its activity in two periods 21 January – 2 June; December 1924 – 2 March 1925. The bourgeois-democratic revolution that prevailed in june 1924, continued up to the end of the same year. On 21 January 1925, the constitutional assamble declared the Parliamentary Republic of Albania, with president Ahmet Zogu; on 31 of January there were enacted the first articles of the Republican Status. The new Parliament consisted of two rooms, the Senate and the chamber of deputies. This new system lasted for a short period of time, and it constituted a unique experience in the history of Albanian parliamemtarism. The law concerning the parliamentary elections was enacted on 14 of March 1925. According to the law the elections would be realized at two levels. The opposition and the independent deputies were missing. The parliamentary election campaign in Elbasan, local characteristics, candidates, th two levels of voting, the results and its importance constitute the topic of this paper. The paper is based on archived and media documents, as well as the memorial one.
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Tsaturova, Susanna. "“Paris is Rome in Our Kingdom”. Political and Symbolic Bases of the Status of the Capital of France." ISTORIYA 12, no. 9 (107) (2021): 0. http://dx.doi.org/10.18254/s207987840017095-3.
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The article examines the process of the formation of Paris as the capital of France. The analysis is based on two directions. On the one hand, the main milestones of the history of Paris are explored, from ancient Lutetia in the era of Julius Caesar to the principal city of the French Kingdom under Philip II Augustus and the capital in the 14th — 15th centuries. By the 12th century, the city was given priority by its gigantic population, economic power, convenient location at the intersection of river and land trade routes, and its transformation into the intellectual capital of the West thanks to the fame of the Paris schools and university. No less important were the symbolic merits of the city: antiquity, the function of protecting the population, and the heroic past. The combination of these advantages determined the Capetians’ choice of Paris as the capital of the kingdom. On the other hand, the article examines the formation of the concept of “capital” and its meaning in the context of the formation of a centralized state. The political center of the country made the city the seat of the person of the monarch and his authorities. The status of the capital was expressed by the concept of “common homeland”, taken from Roman law. The primary weapon for gaining this status in the Middle Ages was the function of justice as a guarantee of the protection of the common interest and a resort for all. In this context, the symbol of the capital in the 13th — 15th centuries became the royal Palace on the island of Cité, where the supreme court of the country, the Parliament of Paris, administered justice regardless of the presence of the king. The analogy of the Parliament with the Roman Senate reinforced the political and social claims of the parliamentarians. The transformation of the Palace of Cité into a Palace of Justice now symbolizes this significant political heritage of medieval urbanism.
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Chase, Marcelle. "Animal Experimentation; Report by the Senate Select Committee on Animal Welfare. The Parliament of the Commonwealth of Australia. Canberra: Australian Government Publishing Service, 1989. Pp. xviii, 291. A$29.95 (softbound)." International Journal of Legal Information 19, no. 2 (1991): 160–63. http://dx.doi.org/10.1017/s0731126500007393.
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Rettig, Dorothea. "Ad referendum." Hansische Geschichtsblätter 136 (January 13, 2021): 133–72. http://dx.doi.org/10.21248/hgbll.2018.173.
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The history of parliaments is not limited to their deliberations and acts. It must also embrace their procedure. Despite all differences, the Diet was the Hanse’s parliament. One of its salient procedures was ad referendum, by which the representatives of one or more towns declared themselves unable to say yea or nay to a particular proposal before consulting their town council. A number of scholars have viewed ad referendum as a means of delaying (and thus frustrating) a resolution which was unpalatable to them (commonly for selfish and parochial reasons), thus elevating ad referendum to the slightly disreputable status of a filibuster in the United States Senate, but with the difference that it was, in the end, disastrous for the Hanse. However, scholars have yet to reach a consensus on the precise meaning and significance of ad referendum. This paper analyzes ad referendum between the Peace of Stralsund (1370) and the beginning of the Thirteen Years’ War (1453) with particular regard to the Prussian Hanseatic towns. Four issues are addressed. 1) How was ad referendum designated in the sources? 2) What topics galvanized town representatives to employ ad referendum? 3) Were these matters in fact subsequently debated by the Prussian assemblies of towns and estates? 4) Does the analysis of two selected Diets (Lübeck 1383, Lüneburg 1412) and the corresponding Prussian assemblies shed more light on the procedure? The paper concludes that ad referendum allowed town representatives provisionally to approve a common resolution, but combine that with an appeal for understanding that one was unable to pass a resolution which affected the rights of third parties without consulting them and obtaining their approval. The interpretation of ad referendum by some scholars, namely that it was consciously employed to torpedo unpalatable resolutions and ultimately paralyzed the Diet, can therefore be ruled out of court.
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Clune, David. "The Making of a Party System: Minor Parties in the Australian Senate: Professionals or Part-Timers? Major Party Senators in Australia." Australian Journal of Politics & History 62, no. 1 (March 2016): 148–50. http://dx.doi.org/10.1111/ajph.12223.
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Johnston, Madeleine. "The Role and Regulation of Child Factory Labour During the Industrial Revolution in Australia, 1873–1885." International Review of Social History 65, no. 3 (May 21, 2020): 433–63. http://dx.doi.org/10.1017/s0020859020000322.
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AbstractThis study investigates child factory labour in Victoria, the most populous and industrialized colony in Australia in the second half of the nineteenth century. Three sources of primary data are analysed: Royal Commission reports, texts of bills and statutes, and parliamentary and public debates. The findings inform current academic debates by enhancing understanding of the role played by child workers during industrialization. They show that children were low-cost substitutes for adult males and that child labour was central to ongoing industrialization. A wide range of industries and jobs is identified in which children were employed in harsh conditions, in some instances in greater proportions than adults. Following the reports of the Royal Commission, the parliament of Victoria recognized a child labour problem serious enough to warrant regulation. While noting that circumstances were not as severe as in Britain, it passed legislation in 1885 with provisions that offered more protection to children than those in the British factory act of 1878. The legislation also offered more protection than factory laws in other industrializing colonies and countries. The findings throw light on the character of colonial liberal reformers in a wealthy colony who sought to create a better life for white settlers by adopting policies of state intervention.
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Arnold, David. "The Arboreal Empire and the 'Parliament of Things': Australian Trees in Colonial South India." Global Environment 13, no. 1 (March 1, 2020): 67–94. http://dx.doi.org/10.3197/ge.2020.130103.
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In the second half of the nineteenth century India and Australia were linked through a series of ecological exchanges, among the most important of which was the introduction of such Australian trees as eucalyptus, casuarina and acacia. South India was particularly affected by these importations, especially the Nilgiri hills, a plausible 'neo-Europe'. But, contrary to A. W. Crosby's argument about 'ecological imperialism', many of these introductions relied heavily on calculated human agency and transoceanic networks of foresters and horticulturalists for their success; other attempted transfers either failed or took off in unpredictable ways. The motives behind the introduction of Australian tree species varied but included the acute shortage of fuelwood in south India, colonial landscape aesthetics, an ideology of 'improvement' and belief in the transferability of species within the same temperate or tropical climatic zone. By 1914 experience had revealed the complexity of these ecological exchanges and their limitations, as well as the ability of some introduced species to become 'wild' and 'invasive'.
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DAWES, LAURA L. "‘Just a Quack Who Can Cure Cancer’: John Braund, and Regulating Cancer Treatment in New South Wales, Australia." Medical History 57, no. 2 (March 21, 2013): 206–25. http://dx.doi.org/10.1017/mdh.2012.103.
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AbstractIn 1948 the New South Wales government instituted an inquiry into the claims of John Braund – a 78-year-old self-described ‘quack’ – that his secret treatment had cured 317 cancer sufferers. The ‘Braund controversy’, as it became known, was one of Australia’s most prominent cases of medical fraud. This paper examines that controversy and its effects on cancer philanthropy, medical research, and especially on legislation regulating treatment providers up to the present. With the Braund controversy in mind, the New South Wales (NSW) parliament struggled to develop legislation that would protect patients and punish quacks but also allow for serendipitous, unorthodox discoveries. Recent decades saw new elements added to this calculus – allowing a wide-ranging health marketplace, and allowing patients to choose their therapies. This paper argues that the particular body of law legislatures used in regulating cancer treatment and how regulations were framed reflected the changing context of healthcare and illustrates the calculus legislatures have undertaken in regulating the health marketplace, variously factoring in public safety, serendipitous discovery, the authority of orthodox medicine, patient choice, and economic opportunity.
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Clune, David. "The Independent Effect: Parliamentary Contributions from the Crossbenches in Australia. By AndréaCullen (Canberra: Parliament Publishing, 2020), pp. 222. AU$30.00 (pb)." Australian Journal of Politics & History 67, no. 1 (March 2021): 181–82. http://dx.doi.org/10.1111/ajph.12740.
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Merrillees, R. S. "Greece and the Australian Classical connection." Annual of the British School at Athens 94 (November 1999): 457–73. http://dx.doi.org/10.1017/s006824540000068x.
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The study of ancient Greek and Latin in Australia and New Zealand, especially at Sydney Church of England Grammar School in New South Wales, produced this century a number of leading scholars who made a major contribution to the study of Old World archaeology in Europe and Australia this century. Among them were V. G. Childe, T. J. Dunbabin, J. R. Stewart and A. D. Trendall. In developing their respective fields of expertise, all spent some time in Greece, as students, excavators, research workers and soldiers, and had formative links with the British School at Athens. Australia's debt to the Classics is reflected not only in the life-long attachment to their legacy, and to Greece, by the former Prime Minister, the Hon. E. G. Whitlam, but in the perpetuation of their influence in such Colonial and modern structures as the monument of Lysicrates in Sydney's Botanic Gardens and the National Library and new Parliament House in Canberra, and in an official poster illustrating multiculturalism in Australia. Despite their role in shaping Australia's European history, the teaching of Classics is under threat as never before, and the late Enoch Powell, at one time Professor of Ancient Greek at the University of Sydney, has stigmatised the obscurantism which threatens to impoverish if not undermine Western civilisation by closing access to knowledge of our Classical past.
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Young, D., R. Brockett, and J. Smart. "AUSTRALIA—SOVEREIGN RISK AND THE PETROLEUM INDUSTRY." APPEA Journal 45, no. 1 (2005): 191. http://dx.doi.org/10.1071/aj04017.
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Australia has rejoiced in its reputation for having low sovereign risk and corresponding rating, for decades. This reputation was bruised in the first decade after the High Court introduced Native Title into Australian law by the legislative response of the then Government, but has since recovered, and enjoys the world’s lowest country risk rating, and shares the worlds best sovereign risk rating with the USA. A number of government precipitated occurrences in recent times, however, raise the question: for how long can this continue?This paper tracks the long history of occasional broken resource commitments—for both petroleum and mining interests—by governments at both State and Federal level, and the policies which have driven these breaches. It also discusses the notorious recent cancellation of a resource lease by the Queensland Government, first by purporting to cancel the bauxite lease and, after legal action had commenced, by a special Act of Parliament to repeal a State Agreement Act. This has raised concerns in boardrooms around the world of the security of assets held in Australia on a retention, or care and maintenance basis.The paper also looks at the cancellation of the offshore prospecting rights held by WMC, with no compensation. This was a result of the concept that rights extinguished by the Commonwealth, with no gain to the Commonwealth or any other party do not constitute an acquisition of property, thereby denying access to the constitutional guarantee of ’just terms’ supposedly enshrined in the Australian Constitution where an acquisition has occurred.Some other examples are the prohibition on exploration in Queensland national parks last November. This cost some companies with existing tenures a lot of money as exploration permits were granted, but then permission to do seismic exploration refused (Victoria). Several losses of rights occurred as a result of the new Queensland Petroleum and Other Acts Amendment Act after investments have been made.Changes in fiscal policy can also impact on project viability, and some instances of this are considered.This paper also explores ways these risks can be minimised, and how and when compensation might be recovered.
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Kaninskaya, Galina. "Waiting for 2022: strategy and tactics of the French party «Europe. Ecology – The Greens»." Urgent Problems of Europe, no. 3 (2021): 212–34. http://dx.doi.org/10.31249/ape/2021.03.09.
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Political ecology entered the history of the Fifth Republic in France relatively recently, since 1974, when the candidate of «The Greens» party R. Dumont took part in the first round of presidential elections. From that moment until the emergence of the modern party «Europe. Ecology – The Greens», political ecology went through several organizational stages, each with one of the most important issues for «The Greens» was the electoral strategy and tactics, invariably associated with positioning on the political scene. In essence, «The Greens» parties always face an alternative choice: to act in joint electoral lists with the socialists or to present their own autonomous lists at all levels of elections. With that, there is no doubt that French ecologists make up the left of the political spectrum. And for a long time, French ecologists were much more successful separately from the socialists in the European elections to the European Parliament (EP). The French «Greens» were particularly successful in the 2019 EP elections, after the creation in 2010 of a kind of «political cooperative» in the form of the party «Europe. Ecology – The Greens». The article is devoted to the situation in and political role of the French party «Europe. Ecology – The Greens» (EELV). The party's activity is analyzed since the European Parliament elections in 2019. The reasons for the success of the ecologist party in the municipal elections of 2020 and the results of the elections to the senate of the Fifth Republic on 27 th September, 2020 are also considered. An explanation is given for the phenomenon of the growing popularity of the ecological movement in contemporary France, it is shown what impact the problem of climate warming and problem of environment’s deterioration, and also what adjustments have the COVID-19 pandemic made on the electoral process. The article examines how the EELV is preparing to perform in the upcoming presidential and parliamentary elections in 2022, examines the political programs of the main candidates, and assesses the prospects of the ecologist party for uniting «progressive forces» behind itself and its relationships with other left-wing parties within the framework of the «two concentric circles» tactic. Some doubts were expressed about EELV’s willingness to lead the highest echelons of power.
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Ch’ng, Huck Ying, Kashifa Aslam, Huong Nguyen, and Bradley Smith. "Asian Australian media representation of First Nations sovereignty and constitutional change." Australian Journalism Review 44, no. 2 (November 1, 2022): 191–209. http://dx.doi.org/10.1386/ajr_00103_1.
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This study explores levels of interest in and framing of Australian First Nations constitutional reform in minority ethnic media. A keyword search of mainstream English media in Australia and of media targeted at Chinese, Pakistani, Vietnamese and Indonesian Australian communities shows a relatively low level of interest in the publication of and government response to the Uluru Statement in the latter outlets compared to the English media. Framing analysis over an extended timeframe finds some interest in and broad support for Australian First Nations’ calls for constitutional reform in the Asian Australian media, as well as variation and suggestive correlations between framing and audience such as linking First Nations history to experiences of racism and exclusion of Chinese Australians. The study has implications both for any referendum for a First Nations Voice to Parliament and for scholarship on the role of minority ethnic media in the contemporary Australian public sphere.
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Lagno, Anna. "The Day of Remembrance of the “Cursed Soldiers”: commemorative practices in contemporary Poland." A day in the calendar. Celebrations and memorial days as an instrument of national consolidation in Central, Eastern and South-Eastern Europe from the nineteenth to the twenty-first century, no. 1 (2019): 269–88. http://dx.doi.org/10.31168/2619-0877.2018.1.14.
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Since 1 March 2011 Poland has marked the National Day of Remembrance of the „Cursed Soldiers” (Narodowy Dzień Pamięci “Żołnierzy Wyklętych”) — members of the anti-Communist underground in the 1940s and 1950s who tried to prevent Poland’s sovietisation and subordination to the USSR. The idea of establishing such a state memorial day was expressed in 2010 by Lech Kaczyński, the then President of Poland and one of the leaders of the Law and Justice Party (L&J). During the debates on the Bill of the National Day of Remembrance in the Sejm, the deputies of the two main opposing parties voted in favour almost unanimously and the Senate approved it without making any changes. After President Bronisław Komorowski signed it on 1 March 2011, Poland acquired an additional state holiday. In 2015, after the Law and Justice Party won both the presidential and parliamentary elections, the issue of the „cursed soldiers” turned into one of the key questions in historical policy. The „Civic Platform” party, forced to move over to the opposition benches in parliament, sounded the alarm, accusing the L&J party of rewriting history and primitivising the image of the anti-Communist underground. Thus, the memory of the “cursed soldiers” transformed from an issue that united political opponents to a topic for arguments and political struggle. The article attempts to show how the L&J party used the preservation of the memory of the “cursed soldiers” for its own political purposes, including its fight against the opposition.
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Schmidt-Räntsch, Joanna. "Real Property Law in the Unification Treaty – Merging Two Opposite Legal Systems." International Journal of Legal Information 44, no. 1 (March 2016): 43–49. http://dx.doi.org/10.1017/jli.2016.6.
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AbstractThis essay outlines how the German Unification Treaty comprehends real property merely as a problem of transition provisions and of restitution. The Treaty therefore does provide for a small set of transition provisions similar to those provided for in 1900 for the introduction of the German Civil Code and for a restitution Act. More by instinct than by reflection or knowledge the Treaty also comprises a clause reserving later legislation on reorganizing property law. Soon after Unification having come into force this clause proved to be essential. Literally day by day, the gap between the written German Democratic Republic (GDR)-law and the real practice became more and more apparent. The difference between rights in rem and contractual rights had vanished in the GDR-law to an extent that, in the end, in hundreds of thousands of cases people did not provide at all for the necessary legal fundament for building small houses, big housing blocs, factories or public highways. Nearly every day people wrote letters to the Federal Ministry of Justice describing cases that could not or at least not satisfactorily be resolved with the instruments of the existing law. Therefore, the German parliament had to close these gaps and reorganize the rights and obligations of the people and enterprises using other persons' real property.It accomplished this by enacting in a quick sequence a series of statutes reorganizing property law. Then it was up to the public notaries and the courts, especially the civil senate of the German Federal Court of Justice and the 7th and 3rd revision senate of the Federal Administrative Court to make these laws in practicable. Although the more difficult cases on reorganizing real property relations come up for decision recently, the vast majority of cases have been finalized. This has also been a challenge for law libraries. First, they had to withstand the general trend to throw away their old stocks, which at a second glance could be very useful, both for creating the necessary reorganizing provisions and for assisting the decisions of the courts on these new rules. Then they had to decide how to provide to their Courts, lawyers or professors the necessary periodicals, commentaries and monographs. Now these transient stocks continue to be necessary for the decisions of the courts in the actual cases – and the preparatory work on writing the legal history.
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Morgan, Ruth A. "Health, Hearth and Empire: Climate, Race and Reproduction in British India and Western Australia." Environment and History 27, no. 2 (May 1, 2021): 229–50. http://dx.doi.org/10.3197/096734021x16076828553511.
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In the wake of the Indian Uprising in 1857, British sanitary campaigner and statistician Florence Nightingale renewed her efforts to reform Britain's military forces at home and in India. With the Uprising following so soon after the Crimean War (1854-56), where poor sanitary conditions had also taken an enormous toll, in 1859 Nightingale pressed the British Parliament to establish a Royal Commission on the Sanitary State of the Army in India, which delivered its report in 1863. Western Australia was the only colony to present its case before the Commissioners as an ideal location for a foreign sanatorium, with glowing assessments offered by colonial elites and military physicians. In the meantime, Nightingale had also commenced an investigation into the health of Indigenous children across the British Empire. Nearly 150 schools responded to her survey from Ceylon, Natal, West Africa, Canada and Australia. The latter's returns came from just three schools in Western Australia: New Norcia, Annesfield in Albany and the Sisters of Mercy in Perth, which together yielded the highest death rate of the respondents. Although Nightingale herself saw these inquiries as separate, their juxtaposition invites closer analysis of the ways in which metropolitan elites envisioned particular racial futures for Anglo and indigenous populations of empire, and sought to steer them accordingly. The reports reflect prevailing expectations and anxieties about the social and biological reproduction of white society in the colonies, and the concomitant decline of Indigenous peoples. Read together, these two inquiries reveal the complex ways in which colonial matters of reproduction and dispossession, displacement and replacement, were mutually constituting concerns of empire. In this article I situate the efforts to attract white women and their wombs to the temperate colony of Western Australia from British India in the context of contemporary concerns about Anglo and Aboriginal mortality. In doing so, I reflect on the intersections of gender, race, medicine and environment in the imaginaries of empire in the mid-nineteenth century.
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Sinclair, Justin, Susanne Armour, Jones Asafo Akowuah, Andrew Proudfoot, and Mike Armour. "“Should I Inhale?”—Perceptions, Barriers, and Drivers for Medicinal Cannabis Use amongst Australian Women with Primary Dysmenorrhoea: A Qualitative Study." International Journal of Environmental Research and Public Health 19, no. 3 (January 29, 2022): 1536. http://dx.doi.org/10.3390/ijerph19031536.
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Objective: This study sought to investigate the perceptions, barriers, and drivers associated with medicinal cannabis use among Australian women with primary dysmenorrhea. A qualitative study via virtual focus groups involving 26 women experiencing regular, moderate, or greater menstrual pain explored categories including cost, associated stigma, current drug driving laws, community and workplace ethics, and geographical isolation within the context of patient access under current Australian laws and regulations. Results: A qualitative descriptive analysis identified that dissatisfaction with current management strategies such as over-the-counter analgesic usage was the key driver for wanting to use medicinal cannabis. A number of significant barriers to use were identified including patient access to medical prescribers, medical practitioner bias, current drug driving laws, geographic location, and cost. Community and cultural factors such as the history of cannabis as an illicit drug and the resulting stigma, even when prescribed by a medical doctor, still existed and was of concern to our participants. Conclusion: Whilst medicinal cannabis is legal in all states and territories within Australia, several barriers to access exist that require government regulatory attention to assist in increasing patient adoption, including possible subsidisation of cost. The high cost of legal, medicinal cannabis was a key factor in women’s choice to use illicit cannabis. Overall, the concerns raised by our participants are consistent with the broader findings of a recent Australian Senate inquiry report into barriers to patient access to medicinal cannabis in Australia, suggesting many of the issues are systematic rather than disease-specific. Given the interest in use of medicinal cannabis amongst women with primary dysmenorrhea, clinical trials in this area are urgently needed.
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Matwijów, Maciej. "„Acta interregnorum” — rękopiśmienne zbiory materiałów dokumentujących dzieje bezkrólewi w Rzeczypospolitej szlacheckiej w XVII i XVIII wieku." Roczniki Biblioteczne 60 (June 8, 2017): 187–207. http://dx.doi.org/10.19195/0080-3626.60.8.
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ACTA INTERREGNORUM — MANUSCRIPT COLLECTIONS OF MATERIALS DOCUMENTING THE HISTORY OF INTERREGNA IN THE POLISH-LITHUANIAN COMMONWEALTH IN THE 17TH AND 18TH CENTURIESThe most important types of handwritten books in Poland in the 17th–18th centuries were collections of public life materials documenting important political events. Such events in the Polish-Lithuanian Commonwealth included interregna, lasting from the death of a king to the election of his successor and marked by great intensification of political life. The collections documenting interregna, usually entitled Acta interregnorum, contained both official and private documents, including correspondence of state dignitaries, political writings, resolutions of senate councils, regional assemblies and the parliament as well as parliamentary diaries. Such collections were compiled for the interregna of 1632, 1696–1697 and 1733, with the collection for the 1632 interregnum appearing in two different editions. With the exception of the 1632 interregnum documents,edited by Jakub Sobieski, they appeared in versions differing in terms of the selection and arrangement of their contents, but the differences between the collections were not substantial and did not change the fundamental concepts of such works. The author has identified a total of 45 copies of interregnum files, with the most substantial being the files for the 1733 interregnum and the civil war of 1734–1736 which ensued as a result of the interregnum. The Acta interregnorum were disseminated through copying of the various compilations; they were also commissioned, that it compiled in an organised manner. Unfortunately, with the exception of the collection edited by Jakub Sobieski, we do not know their authors, but the most important role was probably played here by officials associated with the Primates of Poland — Archbishops of Gniezno, who, acting as “interreges”, were in charge of the state’s policy during the interregna.