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Aroney, Nicholas Theodore 1966. "The Federal Commonwealth of Australia : a study in the formation of its constitution." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8864.
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McGrath, Frank Roland. "Intentions of the Framers of the Commonwealth of Australia Constitution." University of Sydney. History, 2001. http://hdl.handle.net/2123/850.
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The thesis examines the speeches and debates in the Australasian Federation Conference of 1890, and the Australasian Federal Conventions of 1891 and 1897-8 for the purpose of establishing what the framers of the Commonwealth Constitution understood to be the meaning and purpose of the individual sections of the Constitution upon which they were called upon either to support or oppose. The particular matters involved in the examination are the manner and form in which the principles of responsible government were incorporated into the constitution, and the relationship of these principles to the powers of the Senate; the crisis in the 1891 Convention in relation to the powers of the Senate over money bills; the significance of the difference in composition of the Convention of 1891 compared with that of 1897-8; the significance of the classification of the Constitution as an indissoluble federation under the Crown; the principles of responsible government and the provisions of s.57 in the context of the deadlock over Supply in 1975; the meaning and purpose of s.41 preserving the rights of voters qualified to vote in State elections for the lower Houses, and the misconceptions in relation thereto the position of aborigines under the Constitution; the meaning and purpose of the special laws power in the light of the 1967 Constitutional referendum, and its interpretation bU the High Court in the Hindmarsh Island Bridge case; the relationship of the intentions of the framers of the Constitution to the interpretation bu the High Court of the Financial Clauses of the Constitution, and the provisions of s.92; and the meaning and purpose of the external affairs power, and the corporations power as understood bu the framers of the Constitution.
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McGrath, Frank Roland. "Intentions of the Framers of the Commonwealth of Australia Constitution." Thesis, The University of Sydney, 2000. http://hdl.handle.net/2123/850.
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The thesis examines the speeches and debates in the Australasian Federation Conference of 1890, and the Australasian Federal Conventions of 1891 and 1897-8 for the purpose of establishing what the framers of the Commonwealth Constitution understood to be the meaning and purpose of the individual sections of the Constitution upon which they were called upon either to support or oppose. The particular matters involved in the examination are the manner and form in which the principles of responsible government were incorporated into the constitution, and the relationship of these principles to the powers of the Senate; the crisis in the 1891 Convention in relation to the powers of the Senate over money bills; the significance of the difference in composition of the Convention of 1891 compared with that of 1897-8; the significance of the classification of the Constitution as an indissoluble federation under the Crown; the principles of responsible government and the provisions of s.57 in the context of the deadlock over Supply in 1975; the meaning and purpose of s.41 preserving the rights of voters qualified to vote in State elections for the lower Houses, and the misconceptions in relation thereto the position of aborigines under the Constitution; the meaning and purpose of the special laws power in the light of the 1967 Constitutional referendum, and its interpretation bU the High Court in the Hindmarsh Island Bridge case; the relationship of the intentions of the framers of the Constitution to the interpretation bu the High Court of the Financial Clauses of the Constitution, and the provisions of s.92; and the meaning and purpose of the external affairs power, and the corporations power as understood bu the framers of the Constitution.
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McGrath, Frank Roland. "The intentions of the framers of the Commonwealth of Australia Constitution in the context of the debates at the Australasian Federation Conference of 1890, and the Australasian Federal Conventions of 1891 and 1897-8 The understanding of the framers of the Constitution as to the meaning and purpose of the provisions of the Constitution which they debated at these assemblies /." Connect to full text, 2000. http://hdl.handle.net/2123/850.
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Thesis (Ph. D.)--University of Sydney, 2001.<br>Title from title screen (viewed Apr. 24, 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Dept. of History, Faculty of Arts. Degree awarded 2001; thesis submitted 2000. Includes bibliography and of tables of cases. Also available in print form.
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Hopper, Alvin W. L., and n/a. "A critical examination of Australian constitutional law relating to territories and to places acquired by the Commonwealth (including a comparison with United States Law)." University of Canberra. Law, 2005. http://erl.canberra.edu.au./public/adt-AUC20060427.091040.
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This thesis examines the constitutional position in relation to those geographical areas over
which the Commonwealth has sole power. These are the Territories, and Commonwealth
places (over which, however, the States may retain some vestigial power). The thesis seeks to
give a comprehensive account of the constitutional law concerning these heads of power.
The thesis traces the tortuous history of the case law on the Territories, with its many
instances of inconsistent decisions and dicta. In the words of a High Court Judge, Sir Douglas
Menzies, the cases have "not resulted in a coherent body of doctrine". The problems have
been particularly acute in regard to the exercise of judicial power, and they are compounded
by the silence of the Constitution on some major issues concerning the Territories, such as the
relationship between the 'Territories' power and the Constitution as a whole.
The thesis' main contention is that, contrary to predominant doctrine, the constitutional
position of the Territories and of Commonwealth places is federal, not 'disparate'. In this
connection, several tenets are advanced: first, that the Constitution must be interpreted as a
whole�that is, as a single instrument; secondly, that the Territories are an integral part of
Australia, and their inhabitants, while not enjoying all the constitutional benefits of State
residents, are full members of the Australian community; and thirdly, that there is no
constitutional distinction to be drawn between different classes of Territory�thus, despite
some contrary suggestions, there is no distinction between 'internal' and 'external' Territories
or between Territories acquired from the States and Territories otherwise acquired.
The thesis explores the particular difficulties, notably in the judicial sphere, that arise from
the relevant case law, and it critically examines the cases against the text of the Constitution,
as well as against the yardstick of those tenets. With regard to the Territories, the thesis
analyses the constitutional topics of executive power and self-government. It considers
particular issues concerning each of the three self-governing Territories, including the special
status of the Australian Capital Territory as the federal "seat of government".
In addition, the thesis looks at the constitutional position in the United States concerning
Territories, federal enclaves and the American seat of government (the District of Columbia).
The thesis draws a comparison between the American position and the corresponding position
in Australia, and it critically considers the judicial interpretation, in both countries, of the
constitutional grant to the federal legislature of exclusive, or sole, power over such
geographical areas. This process assists an evaluation of the Australian position.
The thesis concludes that, in some respects, the Australian case law has gone seriously astray,
especially in treating the 'Territories' power as more or less separate from the rest of the
Constitution. This judicial approach has led to a convoluted and confusing situation. Despite a
degree of amelioration as a result of some more recent cases, the corrective process is by no
means complete. The courts are hampered in their development of a "coherent body of
doctrine" by the random way in which cases come before them, and it is unlikely that the
position can be fully retrieved solely by judicial decisions. The thesis therefore proposes
various reforms, and it sets out, in an appendix, proposed amendments of the Constitution.
In addition to expounding and criticising the case law on the constitutional topics under
discussion, the thesis reviews and, where appropriate, cites from the relevant legal literature.
The thesis considers the Australian case law as decided down to the end of 2004.
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Johnson, Laurel Eva. "The Commonwealth response to organised crime." Thesis, Canberra, ACT : The Australian National University, 1991. http://hdl.handle.net/1885/109601.
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Australia is a federation where the Commonwealth
has no direct power over crime. What power the
Commonwealth has in the area of crime derives mainly from
the operation of the implied incidental power adhering to
the express powers in section 51 of the Australian
Constitution and from the express incidental power,
placitum 51(xxxix). Other constitutional powers, such as
subsection 52(1), exclusive, plenary power in relation to
Commonwealth places, section 119. protection of the
states against domestic violence and section 122, plenary
power in relation to territories, may be called into play
in appropriate situations. There is also some role for
the inherent national power.
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Hartford, Davis Sebastian Howard. "The legal personality of the Commonwealth of Australia." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:8453fe3f-7acf-4f1e-a786-267a9303203b.
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The thesis explores the legal personality of the Commonwealth of Australia under the Constitution of the Commonwealth of Australia, against the background of constitutional litigation in the High Court of Australia, current to 1 February 2016. It assesses that jurisprudence alongside a wider enquiry into state and corporate personality, with some relevant comparative analysis of UK, Imperial, Canadian and New Zealand materials. The thesis advances the positive claim that the Constitution created a legal person, called the Commonwealth'. In order properly to understand the nature of this legal person, as a matter of domestic law, it is necessary to discriminate between the legal or 'constitutional person' formally constituted by the Constitution, and the Commonwealth of Australia conceived more widely as a 'government', or as a 'nation'/'political community'. There is a recent tendency in judgments of the High Court of Australia to suppose either that the Commonwealth (government), or the Commonwealth (nation), is a legal person. This thesis argues that both notions are wrong. The theory that the Commonwealth (government) is a legal person forms a primary focus in this regard. Primary governmental institutions in Australia are constituted by law as entities or groups, which perform functions of importance to the legal system but which do not have and cannot form legal relations. Such institutions are sometimes described as 'organs', 'branches', 'aspects' or 'facets' of a 'polity' or 'body politic', which is a legal person. These are words of fluid meaning, but which carry the flavour of the Hobbesian state: a sense that the 'Commonwealth' is a legal person incorporating every aspect of 'its' power and authority, and embracing all those who act on 'its' behalf. The thesis argues that this theory and its associated terminology misrepresent the nature and extent of the Commonwealth's legal personality. The thesis advances correlative negative claims: the Commonwealth (government) is not a legal person, and the Commonwealth (constitutional person) is not the government. The terms 'polity' and 'body politic' are often also used to describe the Commonwealth (nation), as distinct from the Commonwealth (government), sometimes with the implication that the Commonwealth (nation) is a legal person. The thesis advances reasons for rejecting this theory, whilst acknowledging that any such theory depends to a significant degree on what definition is adopted of the concept of 'nation'. Thus, the thesis argues that the legal person known as the 'Commonwealth' must not be confused with other significations of the word. The thesis contends for a narrower theory: the government and the nation are not legal persons, and must be distinguished from the Commonwealth (constitutional person). The narrow theory aligns with English antecedents, and avoids the conceptual problems otherwise thrown up by the need to explain how the amorphous interests, natural and artificial persons, offices, institutions and powers that are identified with the government or nation of Australia could rationally be understood as emanating from a single legal person. For legal purposes, neither the government nor the nation is treated as a unified legal personality. Rather, in different ways, both the government and the nation are constructed or comprised of a multitude of legal persons, one of which is the Commonwealth (constitutional person).
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Magnussen, Amanda, and n/a. "The development of virtual libraries in Commonwealth libraries in Australia." University of Canberra. Information Management & Tourism, 2002. http://erl.canberra.edu.au./public/adt-AUC20060829.130944.
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This research examines the development of virtual libraries in Commonwealth
libraries in Australia in 1998-1999. The background to the study lies in some of
the current issues in the information sector, and government responses to those
issues.
The study begins by considering the nature of the Australian Commonwealth
Government, reviewing what government libraries are and whom they serve, and
examining the future trends expected to affect Commonwealth libraries. The
current state of virtual library research is then reviewed, and the need for research
in the Commonwealth library sector examined.
The author reviews the virtual library concept as expressed in the literature in the
field, determines what a virtual library is, and gives consideration to why virtual
libraries are being developed. The issues that affect and are affected by virtual
library development are then examined. Based on this, a model of virtual libraries
is formulated, along with a brief consideration of the possible application,
importance and problems associated with each element of the model.
The research design and methods that were used to gather information for this
study are then outlined, along with the inherent limitations of the research model.
Following this, the findings from a survey of virtual library development in
Commonwealth libraries are discussed. The author then conducts some analysis
of these responses, and makes comparisons between different Commonwealth
library responses, as well as comparisons with virtual library studies conducted in
American and Australian academic libraries.
The research concludes by attempting to reach some conclusions about
Commonwealth virtual library development and the validity of the proposed
model of virtual libraries. Flowing from this, recommendations are made for
further research in this field.
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Scott, Guy. "Resisting liberalism : social democracy and the Australian constitution /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19282.pdf.
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Trenorden, Geoff. "The Deakinite myth exposed : other accounts of constitution-makers, constitutions and citizenship /." Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20060502.151040.
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Welsh, Mary, and n/a. "Promoting quality schooling in Australia : Commonwealth Government policy-making for schools (1987-1996)." University of Canberra. Education, 2000. http://erl.canberra.edu.au./public/adt-AUC20061110.123723.
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Promoting the quality of school education has been an issue of international, national
and local significance in Australia over the past three decades. Since 1973 the pursuit
of quality in school education has been embedded in the rhetoric of educational
discourse and framed by the wider policy context.
This study focuses on the Commonwealth (federal) government's policy agenda to
promote the quality of schooling between 1987 and 1996. During this ten year period,
successive Labor governments sought to promote quality through a range of policy
initiatives and funding programs. Through extensive documentary research, fifty
semi-structured interviews and one focus group with elite policy makers and
stakeholders, the study examines how the Commonwealth government's 'quality
agenda' was constructed and perceived. An analysis of relevant government reports
and ministerial statements provides documentary evidence of this agenda, both in
terms of stated policy intentions and the actual policy initiatives and funding programs
set in place in the period 1987-1996. Set against this analysis are elite informants'
perspectives on Commonwealth policy-making in this period - how quality was
conceptualised as a policy construct and as a policy solution, the influences on
Commonwealth policies for schools, whether there was a 'quality agenda' and how
that agenda was constructed and implemented. Informants generally perceived quality
as a diffuse, but all-encompassing concept which had symbolic and substantive value
as a policy construct. In the context of Commonwealth schools' policies, quality was
closely associated with promoting equity, outcomes, accountability, national
consistency in schooling and teacher quality. Promoting the quality of 'teaching and
learning' in Australian schools took on particular significance in the 1990s through a
number of national policy initiatives brokered by the Commonwealth government.
An exploration of policy processes through interview data reveals the multi-layered
nature of policy-making in this period, involving key individuals, intergovernmental
and national forums. In particular, it highlights the importance of a strong, reformist
Commonwealth Minister (John Dawkins), a number of 'policy brokers' within and
outside government and national collaboration in constructing and maintaining the
Commonwealth's 'quality agenda' for schools. While several Australian education
ii
policy analysts have described policy-making in this period in terms of 'corporate
federalism' (Lingard, 1991, 1998; Bartlett, Knight and Lingard, 1991; Lingard,
O'Brien and Knight, 1993), a different perspective emerges from this study on policymaking
at the national level. Despite unprecedented levels of national collaboration on
matters related to schooling in this period, this research reveals an apparent
ambivalence on the part of some elite policy makers towards the Commonwealth's
policy agenda and its approach to schools' policy-making within the federal arena.
Policy coherence emerged as a relevant issue in this study through analysis of
interview data and a review of related Australian and international policy literature.
Overall, informants perceived the Commonwealth's quality agenda to be relatively
coherent in terms of policy intentions, but much less coherent in terms of policy
implementation. Perceptions of Commonwealth domination, state parochialism,
rivalry, delaying tactics and a general lack of trust and cooperation between policy
players and stakeholders were cited as major obstacles to 'coherent' policy-making.
An analysis of informants' views on policy-making in this period highlights features of
coherent policy-making which have theoretical and practical significance in the
Australian context.
This research also demonstrates the benefits of going beyond the study of written
policy texts to a richer analysis of recent policy history based on elite interviewing.
The wide range of views offered by elite policy makers and stakeholders in this study
both confirms and challenges established views about policy-making in the period
1987-1996. Elite interviewing lent itself to a grounded theory approach to data
collection and analysis (Glaser and Strauss, 1967; Strauss and Corbin, 1998). This
approach was significant in that it allowed relevant issues to emerge in the process of
research, rather than relying on 'up front' theoretical frameworks for the analysis of
data.
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Luker, Trish, and LukerT@law anu edu au. "THE RHETORIC OF RECONCILIATION: EVIDENCE AND JUDICIAL SUBJECTIVITY IN CUBILLO v COMMONWEALTH." La Trobe University. School of Law, 2006. http://www.lib.latrobe.edu.au./thesis/public/adt-LTU20080305.105209.
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In August 2000, Justice O�Loughlin of the Federal Court of Australia handed down the decision in Cubillo v Commonwealth in which Lorna Cubillo and Peter Gunner took action against the Commonwealth Government, arguing that it was vicariously liable for their removal from their families and communities as children and subsequent detentions in the Northern Territory during the 1940s and 1950s. The case is the landmark decision in relation to legal action taken by members of the Stolen Generations.
Using the decision in Cubillo as a key site of contestation, my thesis provides a critique of legal positivism as the dominant jurisprudential discourse operating within the Anglo-Australian legal system. I argue that the function of legal positivism as the principal paradigm and source of authority for the decision serves to ensure that the debate concerning reconciliation in Australia operates rhetorically to maintain whiteness at the centre of political and discursive power. Specifically concerned with the performative function of legal discourse, the thesis is an interrogation of the interface of law and language, of rhetoric, and the semiotics of legal discourse.
The dominant theory of evidence law is a rationalist and empiricist epistemology in which oral testimony and documentary evidence are regarded as mediating the relationship between proof and truth. I argue that by attributing primacy to principles of rationality, objectivity and narrative coherence, and by privileging that which is visually represented, the decision serves an ideological purpose which diminishes the significance of race in the construction of knowledge.
Legal positivism identifies the knowing subject and the object of knowledge as discrete entities. However, I argue that in Cubillo, Justice O�Loughlin inscribes himself into the text of the judgment and in doing so, reveals the way in which textual and corporeal specificities undermine the pretence of objective judgment and therefore the source of judicial authority.
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Luker, Trish. "The rhetoric of reconciliation : evidence and judicial subjectivity in Cubillo v Commonwealth /." Access full text, 2006. http://www.lib.latrobe.edu.au/thesis/public/adt-LTU20080305.105209/index.html.
Full textAbstract:
Thesis (Ph.D.) -- La Trobe University, 2006.<br>Research. "A thesis submitted in total fulfilment of the requirements for the degree of Doctor of Philosophy, La Trobe Law, Faculty of Law and Management, La Trobe University, Bundoora, Victoria". Includes bibliographical references (leaves 318-338). Also available via the World Wide Web.
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Castleman, Beverley Dawn, and mikewood@deakin edu au. "Changes in the Australian Commonwealth departmental machinery of government: 1928-1982." Deakin University, 1992. http://tux.lib.deakin.edu.au./adt-VDU/public/adt-VDU20050815.095625.
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The Commonwealth departmental machinery of government is changed by using Orders in Council to create, abolish or change the name of departments. Since 1906 governments have utilised a particular form of Order in Council, the Administrative Arrangements Order (AAO), as the means to reallocate functions between departments for administration. After 1928 successive governments from Scullin to Fraser gradually streamlined and increasingly used the formal processes for the executive to change departmental arrangements and the practical role of Parliament, in the process of change, virtually disappeared.
From 1929 to 1982, 105 separate departments were brought into being, as new departments or through merger, and 91 were abolished, following the merger of their functions in one way or another with other departments. These figures exclude 6 situations where the change was simply that of name alone. Several hundred less substantial transfers of responsibilities were also made between departments.
This dissertation describes, documents and analyses all these changes. The above changes can be distilled down to 79 events termed primary decisions. Measures of the magnitude of change arising from the decisions are developed with 157.25 units of change identified as occurring during the period, most being in the Whitlam and Fraser periods.
The reasons for the changes were assessed and classified as occurring for reasons of policy, administrative logic or cabinet comfort. 47.2% of the units of change were attributed to policy, 34.9% to administrative logic, 17% to cabinet comfort. Further conclusions are drawn from more detailed analysis of the change and the reasons for the changes.
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Quann-Youlden, Cathy, and n/a. "Commonwealth Higher Education Policies: Their Impacts on Autonomy and Research in Australian Universities." University of Canberra. Business & Government, 2008. http://erl.canberra.edu.au./public/adt-AUC20081202.151704.
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In recent years, the Australian Government's (Commonwealth) relationship to universities has become one of greater involvement as political circles recognise the escalation in the significance of higher education as a key determinant in Australia's economic, social, cultural, and intellectual development. The increasing role of the Commonwealth in Australian universities is largely a consequence of this recognition, but it is also due in part to changes in the way governments approach the public sector and publicly funded institutions.
Both the literature and extensive Commonwealth reports provide an array of details in relation to: what the Commonwealth wants from its universities; why it wants it; what it is doing to ensure that it gets what it wants; and the results of its actions-at least from the perspective of the Commonwealth. But what is missing is how universities themselves perceive the impact of the Commonwealth's increasing involvement in universities. Although academics and managers in Australian universities have much to say about how current and proposed Commonwealth policies affect their working environment they are not given much of a venue to opine. As such there is a lack of literature on how universities perceive the impact of this increasing involvement. This dissertation aims to fill the gap by providing a forum that addresses universities' perceptions of how Commonwealth policies affect their universities.
Specifically, this dissertation sets out to discover if and how Commonwealth policies change universities and focuses on how policies influence autonomy and research in Australian universities through the responses of those who work in the offices of the deputy vice chancellors of research in twelve Australian universities.
One of the most significant findings of the thesis is that the Commonwealth's increasing involvement in universities is viewed by respondents as a consequence of the Commonwealth's mistrust of Australian universities. Furthermore, the Commonwealth is seen as lacking expertise in areas relating to universities-their needs, history, purpose, mission, and how they best relate to and contribute to society-and their need for autonomy. This dissertation offers some insights into perspectives whereby policies built on the Commonwealth's mistrust and lack of expertise in university matters negatively influence autonomy and research productivity in Australian universities. The results indicate decreased productivity which leads to further mistrust that appears to decrease productivity even morea
cycle that respondents fear might be a self-propelling downward spiral. Eight hypotheses and one overarching proposition emerge from the findings. In addition, nine areas are identified as adding to the overall understanding of the affect that Commonwealth policies have on university autonomy and research productivity in Australian universities.
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Stevens, Jonathan. "The deserving poor : aspects of the old age pension movement in South Australia and the Commonwealth /." Title page, contents and preface only, 1993. http://web4.library.adelaide.edu.au/theses/09AR/09ars8443.pdf.
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Wright, David R. "Accident experience of Commonwealth Government employees in Western Australia : 1 June 1993 to 2 December 1995." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1998. https://ro.ecu.edu.au/theses/1444.
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This quantitative study documents, analyses and discusses the accident experience of Commonwealth employees in Western Australia from 1 July 1993 to 2 December 1995 as recorded on 1663 accident report forms. The research addresses the problem of lack of knowledge of accidents in the Commonwealth sector of the Western Australian work force. Its purpose is to identify possible areas of health and safety improvement and highlight where accident frequency may be reduced. Risk management is adopted as a conceptual framework to explore categories of accident related data, including month of year, time of day, day of the week of accidents, number of years of job experience, age and gender of the worker, accident frequency and severity. Where applicable accident related data was subjected to Chi-square statistical tests. Important findings, amongst others, include the identification of the month of August as having a higher frequency of accidents, inexperienced Commonwealth workers incurring 80.5% of accidents, and 64% of accidents involving men. Such findings are of importance to the Commonwealth so that prevention strategies targeted at these areas can be developed. Additional research utilising national data is recommended.
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Armstrong, Gillian Claire. "Administrative justice and tribunals in South Africa : a commonwealth comparison." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/17997.
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Thesis (LLM )--Stellenbosch University, 2011.<br>ENGLISH ABSTRACT: In the field of administrative law, the judiciary has traditionally exercised control over the administrative actions of the executive through judicial review. However, judicial review is neither the most effective nor the most efficient primary control mechanism for systemic administrative improvement. In a country faced with a task of =transformative constitutionalism‘, and hindered with scarce resources, there is good cause to limit judicial intervention as the first response to administrative disputes. The major theme of this thesis is to investigate the feasibility of administrative tribunal reform in South Africa, using two other commonwealth countries, Australia and England, as a basis for comparison.
Australia and England have been chosen for comparison because they share similar administrative law traditions and they can provide working models of coherent tribunal structures. The Australian tribunal system is well-established and consists of tribunals which fall under the control of the executive, while tribunals in England have recently undergone a significant transformation, and are now part of the independent judiciary.
The South African government currently spends, indeed wastes, a significant amount of money on administrative law litigation. Due to the limitations of judicial review, even after the high costs of litigation and the long duration of court proceedings, the results achieved may still be unsatisfactory. Furthermore, judicial review is unsuited to giving effect to systemic administrative change and the improvement of initial decision-making.
Australia and England have begun to move away from the traditional court model for the resolution of administrative disputes. Both have indicated a preference for the important role of tribunals in the administration of disputes. Tribunals have been shown to offer the advantage of being speedier, cheaper, more efficient, more participatory and more accessible than traditional courts, which contributes to tribunals being a more available resource for lay people or people without sophisticated legal knowledge, and provides wider access to remedies than courts.
The English and Australian models indicate a few important trends which need to be applied universally to ensure a sustained tribunal reform and a system which provides a higher level of administrative redress than the over-burdened and institutionally inept courts currently do. These include co-operation among government departments and tribunals; open and accountable systemic change; the need for supervision and evaluation of the whole of administrative law by an independent and competent body; and ultimately a focus on the needs of users of state services.
At the same time, there are arguments against administrative tribunal reform. These include the costs of reform; the ways to establish tribunals; and the level of independence shown by the tribunals. These arguments are especially relevant in the South African context, where the government faces huge social problems and a scarcity of resources. However, after an analysis of the valuable characteristics of tribunals and the role that they serve in the day to day administration of justice, it is difficult to see how these objections to tribunals can outweigh their potential importance in the administrative justice system. The need for sustained systematic reform in South Africa is one that cannot be ignored. Tribunals offer a valuable alternative to judicial review for the resolution of administrative disputes. Furthermore, the tribunal systems of Australia and England demonstrate how the effective creation and continued use of comprehensive tribunal structures contributes firstly to cost reduction and secondly to ease the administrative burden on courts who are not suited to cure large-scale administrative error.<br>AFRIKAANSE OPSOMMING: In die administratiefreg oefen die regsprekende gesag tradisioneel beheer uit oor die uitvoerende gesag deur middel van geregtelike hersiening. Geregtelike hersiening is egter nie die mees doeltreffende of effektiewe primêre beheermeganisme om sistemiese administratiewe verbetering teweeg te bring nie. In 'n land met die uitdagings van 'transformatiewe konstitusionalisme‘ en skaars hulpbronne, kan 'n goeie argument gevoer word dat geregtelike inmenging as die eerste antwoord op administratiewe dispute beperk moet word. Die deurlopende tema van hierdie tesis is 'n ondersoek na die lewensvatbaarheid van hervorming van administratiewe tribunale in Suid-Afrika, in vergelyking met die posisie in Australië en Engeland, waarvan beide ook, tesame met Suid-Afrika, deel vorm van die Statebond.
Hierdie lande is gekies vir regsvergelykende studie aangesien hulle 'n administratiefregtelike tradisie met Suid-Afrika deel en beide werkende modelle van duidelike tribunale strukture daarstel. Die Australiese tribunale stelsel is goed gevestig en bestaan uit tribunale onder die beheer van die uitvoerende gesag, terwyl die tribunale stelsel in Engeland onlangs 'n beduidende hervorming ondergaan het en nou deel van die onafhanklike regsprekende gesag is.
Die Suid-Afrikaanse regering mors aansienlike hoeveelhede geld op administratiefregtelike litigasie. Selfs na hoë koste en lang vertragings van litigasie mag die resultate steeds onbevredigend wees as gevolg van die beperkings inherent aan geregtelike hersiening. Tesame met hierdie oorwegings is geregtelike hersiening ook nie gerig op sistemiese administratiewe verandering en verbetering van aanvanklike besluitneming nie.
Australië en Engeland het onlangs begin wegbeweeg van die tradisionele hof-gebaseerde model vir die oplossing van administratiewe dispute. Beide toon 'n voorkeur vir die belangrike rol wat tribunale in die administrasie van dispute kan speel Tribunale bied die bewese voordele om vinniger, goedkoper, meer doeltreffend, meer deelnemend en meer toeganklik te wees as tradisionele howe, sodat tribunale 'n meer beskikbare hulpbron is vir leke, oftewel, persone sonder gesofistikeerde regskennis en dus beter toegang tot remedies as tradisionele howe verskaf.
Die Engelse en Australiese modelle dui op enkele belangrike tendense wat universeel toegepas moet word om volgehoue tribunale hervorming te verseker en om =n stelsel te skep wat 'n hoër vlak van administratiewe geregtigheid daarstel as wat oorlaaide en institusioneel onbekwame howe kan. Dit verwys bepaald na samewerking tussen staatsdepartemente en tibunale; deursigtige en verantwoordbare sistemiese veranderinge; die behoefte aan toesighouding en evaluasie van die hele administratiefreg deur 'n onafhanklike, bevoegde liggaam; en uiteindelik 'n fokus op die behoeftes van die gebruikers van staatsdienste.
Daar is egter terselfdertyd ook argumente teen administratiewe tribunale hervorming. Hierdie argumente sluit in die koste van hervorming; die wyses waarop tribunale gevestig word; en die vlak van onafhanklikheid voorgehou deur tribunale. Hierdie argumente is veral relevant in die Suid-Afrikaanse konteks waar die regering voor groot sosiale probleme te staan kom en daarby ingesluit, 'n tekort aan hulpbronne ook moet hanteer. Daarenteen is dit moeilik om in te sien hoe enige teenkanting en teenargumente met betrekking tot die vestiging van administratiewe tribunale swaarder kan weeg as die potensiële belang van sulke tribunale in die administratiewe geregtigheidstelsel, veral nadat 'n analise van die waardevolle karaktereienskappe van tribunale en die rol wat hulle speel in die dag-tot-dag administrasie van geregtigheid onderneem is.
Die behoefte aan volhoubare sistemiese hervorming in Suid-Afrika kan nie geïgnoreer word nie. Tribunale bied 'n waardevolle alternatief tot geregtelike hersiening met die oog op die oplossing van administratiewe dispute. Tesame hiermee demonstreer die tribunale stelsels in Australië en Engeland hoe die doeltreffende vestiging en deurlopende gebruik van omvattende tribunale bydra, eerstens om kostes verbonde aan die oplossing van administratiewe dispute te verlaag en tweedens, om die administratiewe las op die howe, wat nie aangelê is daarvoor om grootskaalse administratiewe foute reg te stel nie, te verlig.
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Kirk, Jeremy. "'Implied rights' in constitutional adjudication by the High Court of Australia since 1983." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285533.
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Hull, Cordelia. ""The best place in the Commonwealth" : the lives of mothers in post-war Canberra." Thesis, Canberra, ACT : The Australian National University, 1993. http://hdl.handle.net/1885/123264.
Full textAbstract:
The principle point of departure for this study was my personal experience of life w ith
two small children in a part of Canberra built in the early 1950s. The house we moved
into in 1985 was in its original condition - wooden and uninsulated, with cold water only
taps in the laundry and a wood-burning stove in the kitchen. The backyard was big and
bare and. at the front of the house, no fence secured the property. The walk to the closest
shops was long, and torturously uphill for the return journey. In these respects 1 faced
the kind of challenges that had confronted mothers of small children living there when the
suburb was established thirty-five years earlier.
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Tongue, Susanne Patricia. "The emergence and implementation of the Commonwealth Sex Discrimination Act 1984, with particular reference to five exemptions." Thesis, Queensland University of Technology, 1994.
Find full textAbstract:
My thesis is that legislation, and particularly legislation which influences fundamental social behaviour, reflects the environment in which it is developed.
It inevitably reflects the compromises forced by interest groups and others during its creation and passage through the parliament It is flawed because of the process. I demonstrate this in an emergence study of the Commonwealth Sex Discrimination Act 1984 and an implementation study of five exemptions contained in it.
The legislation is contrasted with legislation in force
overseas. The analysis is done with reference to relevant jurisprudence including feminist jurisprudence, realism and critical legal theory.
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Economou, Nicholas. "Greening the Commonwealth : the Australian Labor Party government's management of national environmental politics, 1983-1996 /." Connect to thesis, 1998. http://eprints.unimelb.edu.au/archive/00000333.
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Dubey, Sunil. "Government Ownership Matters for Social Good: Governance and management of government property assets in Commonwealth Countries - Australia and India." Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/17132.
Full textAbstract:
“There is hardly a section of the community that doesn’t in one breath protest undying hostility to the Government Interference and, the next, pray for it” Sir Robert Menzies With unprecedented urban growth, rising urban population and socio economic shifts, the importance of government owned property asset is becoming fundamental to the delivery of basic urban services to the citizenry. This tangible public asset is an integral part of social capital, investment and social good. There is a growing apprehension that developed and developing countries are fast divesting their government property assets to fund infrastructure, hence compromising on delivery of basic urban services. The governments throughout the world are the largest owners of real property assets. Governments at all levels own, manage and control more property assets than many multinationals, landowners and large corporations put together. These real properties form major part of asset portfolios for the governments at all levels but quite often these public assets are seen as ‘liabilities’ due to lack of good governance, transparency and absence of long term property asset management plans. The lack of governance and inadequate management frameworks of government property assets inversely relates to public accountability and administrative risks, including public services degradation, fiscal, economic, environmental, legislative and social losses. These outcomes conversely effect the perceived notion of social good, hence challenges the investment of social capital in the property assets. The growing trend towards outsourcing or selling of government property assets has caused more administrative complexities, lowering of basic urban services and lack of accountabilities due to substantial gaps between governance and management of these property assets. This research analyses trends, policies and practices linking governance of government owned property assets and asset management frameworks. It critically evaluates the essential public policy frameworks and drivers of urban services which are reliant on government ownership of property assets. The research focuses on testing the assertion ‘The better the governance – the better the management’ in government owned property assets through international practices and applied reforms. The assertion leads to efficient and sustainable management of public assets, thus creating greater value of ‘social return’ by way of investing public funds as ‘social capital’. The history of government property assets, major public property reforms, property asset policies, recent learnings from private sector experiences and international case studies from local government property assets are analysed to develop a conceptual governance framework. Using ‘circles methodology’ for evaluations and benchmarking of government property assets, the research develops key governance, social good, management and exchange indicators for local government property assets in commonwealth countries. The ‘circles methodology’ further assists in developing ‘comparative evaluations’ between selected cities from Australia and India, identifying key policy gaps, public participation, delivery management of basic urban services, strengths and weaknesses of public administrations. This leads to a conceptual city to city learning frameworks that can be established to address the immediate and important need of managing government property assets to deliver better urban services to citizenry in commonwealth countries. The research applies the lenses of ‘clouds of trust’ to further validate that ‘city to city’ learning enables the most effective and advanced environments for learning public management of government property assets at local government levels. It further concludes that substantial lack of open data, absence of property management plans, transparencies and unregulated reforms are adversely affecting the ownerships of government property assets at local government levels, thus requires further research in strengthening the empirical knowledge about government ownerships, their usage to the citizenry and effective returns to the urban societies. In conclusion, this thesis uses the international practices, available public data, case studies and conceptual learning frameworks to endeavour to bring effective public ownership, transparency, long term social good and longevity to the most desirable asset owned by the public – government property assets. ‘Honest disagreement is often a good sign of progress’ Mahatma Gandhi
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Olive, Carl. "Living Traditions: An Examination of the Theoretical and Philosophical Tensions in Australian Constitutionalism." Thesis, Griffith University, 2017. http://hdl.handle.net/10072/367369.
Full textAbstract:
The thesis is concerned with understanding the influence of constitutional philosophy on contemporary political practice. The thesis questions whether the Australian polity has an established account of what constitutes the underpinning philosophy of the Constitution and, more importantly, if this philosophical inheritance has any enduring impacts. The thesis refutes claims that Australian constitutionalism is devoid of political philosophy or underpinned by an innate utilitarianism, arguing that the Constitution has a rich and diverse philosophical heritage. More specifically, the thesis contends that Australian constitutionalism is predominantly shaped by two philosophical traditions that can be traced to the founders’ decision to combine elements of English and US constitutional thought. The first three chapters of the thesis discuss how these two traditions shaped the development of the Constitution, contributing to Australian understandings of critical constitutional concepts such as the separation of powers, the foundations of national sovereignty and the best mechanism to secure individual rights. Furthermore, by tracing the philosophical origins of the Constitution, the thesis shows that the two predominant influences on the development of Australian government are often at theoretical tension. Having established the Constitution’s rich and diverse philosophical heritage, the thesis then attempts to understand if the
theoretical tensions in Australian constitutionalism manifest in contemporary political practice.<br>Thesis (PhD Doctorate)<br>Doctor of Philosophy (PhD)<br>Griffith Business School<br>Griffith Business School<br>Full Text
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Daley, John C. "The bases for the authority of the Australian Constitution." Thesis, University of Oxford, 1999. http://ora.ox.ac.uk/objects/uuid:1abc8957-647a-4652-bf9e-950c0d8be7c6.
Full textAbstract:
What are the possible bases for the authority of the Australian Constitution? Why should people and judges ever obey the text of the Constitution? The developing tools of analytical jurisprudence assist in answering these questions. Despite its currency, the concept of "sovereignty" provides little assistance in understanding how law provides reasons for action. The concept of authority is more useful. The text of the Australian Constitution has authority in that it provides presumptive reasons for action, overruled when they appear sufficiently erroneous on a cursory examination. The Constitution is part of the Australian legal system. A legal system is normally identified partly by moral norms. These moral norms themselves require that legal systems also be identified where possible by reference to the directives of a previous de facto authority - even when that previous authority no longer has power to make new legal norms. A legal system will be "legitimate" if any improvement to be achieved by revolution would be outweighed by the uncertainty revolution creates. Against this theoretical background, various theories about the Constitution's authority can be assessed. Although the enactment of the Constitution by the Imperial Parliament provides the Constitution with legal authority, it does not confer moral legitimacy. Contrary to a growing judicial and academic consensus in Australia, the Constitution's legitimate authority is not derived from the "will of the people". Nor is it derived from the Constitution's Founders. The will of the people cannot be identified reliably, and wound not provide sufficient reasons for action. The Constitution does embody a federal compact between the colonies. Because it is worthwhile to keep political promises, the polities of the States should fulfil this compact, even though the compact only imposes weak obligations on the Commonwealth. Other possible bases for the Constitution's authority are also inadequate. These include claims that judges are bound to apply the Constitution because their authority is based upon it; that the Constitution embodies "associate obligations", and that the Constitution isa commitment to protect individual rights and democracy. Instead the Constitution has legitimate authority principally because it coordinates individual action towards desirable goals. The Australian Constitution settles the location of authority by authority.
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Jung, Kyungja School of Social Science & Policy & the Women's Studies Program UNSW. "Constitution and maintenance of feminist practice : comparative case study of sexual assault centres in Australia and Korea." Awarded by:University of New South Wales. School of Social Science and Policy and the Women's Studies Program, 2002. http://handle.unsw.edu.au/1959.4/19124.
Full textAbstract:
Although some research has focused on feminist practice in general, the external and internal dynamics of feminist practice still remains theoretically and empirically under-researched. This study addresses this void in feminist research and places a special focus on the relationship of feminist organisations with the state and within the broader context of the women's movement. This thesis explores the constitution and maintenance of feminist practices in one specific context in South Korea and Australia. Drawing on empirical and historical data derived from the case studies, two questions are explored in this study: What constitutes feminist practices in a feminist organisation? How can feminist practices be sustained?. Two feminist-run Sexual Assault Centres (SACs), one in Korea, one in Australia are studied and analysed, involving 32, in-depth interviews with activists of the two centres, non-participant and participant observation, and document analysis. First, this thesis provides a detailed account of feminist practice and organisational dynamics among feminist organisations, the feminist movement and the state. This thesis confirms that the practices of feminist organisations are seen as dynamic processes constituted by the context in which they are situated, the role of feminist activists and the nature and strength of the broader women's movement. This study, in particular, demonstrates that the relationship of the organisation with the state is a strong determinant in constructing feminist practices. Second, this thesis examines organisational practices at different phases such as the establishment, development and crisis phases. As both centres were experiencing crises, the study illuminates that the crisis in each centre has provided an opportunity for re-examination and reflection on their practices in shifting internal and external contexts. This study also suggests that continuous reflexive attention is necessary to maintain feminist practices. Moreover, the study demonstrates that the role of the activists in constructing and maintaining feminist practices is critical, in particular, in small organisations such as the ASAC and KSAC. This research, the first major study on feminist practices in Korea and Australia, makes a significant contribution to the study of feminist organisations, the state and, in general, feminist theory.
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Dunbar, Cameron A. "Walking a Fine Line: Britain, the Commonwealth, and European Integration, 1945-1955." Ohio University / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1505144142763366.
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Bloustien, Gerry. "Striking poses : an investigation into the constitution of gendered identity as process, in the worlds of Australian teenage girls /." Title page, contents and 1. chapter only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phb657.pdf.
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Kirkby, Elisabeth Wilma. "Will We Ever Learn From History? The Impact of Economic Orthodoxy on Unemployment during the Great Depression in Australia." Thesis, The University of Sydney, 2013. http://hdl.handle.net/2123/9904.
Full textAbstract:
This thesis examines the impact of the Great Depression in Australia, and attempts to explain the reasons why the orthodox economic theories of the day did little to relieve the hardship and suffering caused by unemployment. The study highlights the influence of leading Australian economists, such as L.F. Giblin, D.B. Copland, J.B. Brigden and E.O. Shann, in shaping government policy towards the unemployed. It also examines the role of the Bank of England, which exercised a great deal of control over the Commonwealth Bank of Australia and public policy during the Depression in Australia. The advice given by the Bank of England to the Commonwealth Bank made it difficult, if not impossible, for politicians and economists to introduce initiatives that would have created jobs and lifted the burden from the most vulnerable in society. As banks and financial institutions now operate in the sphere of cyber finance, and trading in derivatives is commonplace, perhaps a detailed analysis of the 1930s in Australia will ensure that the lessons of history are understood.
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Stephens, Mescal. "Translation of national environmental management programs by the State of Western Australia, the Commonwealth government, and Perth Region NRM, a citizen group." Thesis, Curtin University, 2013. http://hdl.handle.net/20.500.11937/2631.
Full textAbstract:
Exploratory research examined how two governments and a citizen regional water catchment group implemented adaptive management in two Australian environmental management policies. The research question asked how theories of action between government and regional bodies influenced their relationships.The research question was first conceived as solely human, but another metaphysics (actor-network theory), enabled following the intertwining of study objects such as adaptive management, natural resource management, and policy, and a potential rethink of environmental reality.
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Beck, Luke. "THE FOUNDATIONS OF SECTION 116 OF THE AUSTRALIAN CONSTITUTION: AN HISTORICAL AND CONCEPTUAL ANALYSIS." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14597.
Full textAbstract:
This thesis seeks to understand and analyse the foundations of section 116 of the Australian Constitution by situating the provision in its proper historical and conceptual context. The thesis argues that section 116 can be conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. The thesis begins by demonstrating that section 116 cannot be understood as a simply analogue of the religion clauses of the United States Constitution due to the very different constitutional cultures existing at the times the Australian and United States Constitutions were drafted. The thesis examines how the topic of religion came up for consideration in the period in which the Constitution was drafted and explores the motivations and machinations of those who ultimately succeeded in persuading the Australasian Federal Convention (‘Federal Convention’) held between 1897 and 1898 to include religious words in the constitutional preamble. It also explores the motivations and machinations of those who were opposed to that course of action and who persuaded one of the delegates at the Constitutional Convention, Henry Bournes Higgins, to pursue the inclusion of a religious freedom provision that eventually became section 116. The thesis interrogates the argument advanced by Higgins at the Federal Convention in favour of section 116, challenging the standard account of that argument and arguing that Higgins was concerned that the religious words of the preamble might somehow give rise to an implied Commonwealth power to legislate in respect of religion. The thesis investigates why the language of section 116 was chosen and shows that the precise language of section 116 was not the result of careful consideration, suggesting a disconnect between the purpose of the provision and its language. The thesis also shows that the meaning of the precise language of section 116 was not something to which the Convention gave any real consideration, and suggests that the Federal Convention seems to have believed that the limited language of section 116 amounted in some way to a complete denial of power to the Commonwealth to legislate ‘on the subject of’ religion. The thesis also asks how these foundations of section 116 can be conceptualised, concluding that the provision can be conceptualised as a partial safeguard against religious intolerance on the part of the Commonwealth. The thesis also considers official proposals to amend section 116 and considers whether the conceptualisation of section 116 would need to be revised had those proposals for constitutional amendment succeeded.
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Payne, Rachel. "Australian identity, the press and major international sporting events: A study of two Olympic and two Commonwealth Games held in Australia since 1956." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2007. https://ro.ecu.edu.au/theses/449.
Full textAbstract:
This thesis explores links between perceptions of Australian identity and the national press reporting of two Olympic and two Commonwealth Games staged in Australia: the 1956 Melbourne Olympic Games, the 1962 British Empire and Commonwealth Games, the 1982 Brisbane Commonwealth Games, and the 2000 Sydney Olympic Games. When Australia plays host to the world or Commonwcalth of Nations it is the press' role to communicl!te to Australians and international visitors how Australia and its peoplc are seen, and where Australia positions itself in global or Commonwealth contexts. The assumption guiding this study is that during these major intcmational sporting events Australia's newspapers depicted athletes and Games rituals, such as opening and closing ceremonies, in ways that conveyed a sense of national identity and consciousness. The newspaper is selected as the main medium for analysis because written reports consistently provided substantial coverage of each of the selected Games.Particular attention is paid to the ways in which Australia's newspapers defined "Australianness" and "otherness" within this sporting framework. From onc perspective, the concepts "Australian" and "other" can be treated as two distinctive, or separate, entities. From another, the idea can be entertained that the boundaries of Australian identity and "otherness" are often blurred, in the sense that someone who is part of the nation may be perceived as being an "other", and someone who is not directly connected to the nation might be considered to be more compatible with the (mainstream) Australian way of life. Therefore, the findings of this study are divided into six sections which, one by one, focus on representations of Australian athletes and Australia as Games host; Indigenous Australians; the British monarchy and the Commonwealth of Nations; athletes from the regions of Africa, the Caribbean and South Asia; and depictions of Australian identity through Games ceremonies. The sixth section employs a case study of press constructions of local identity during the Perth British Empire and Commonwealth Games. The research is presented as both quantitative and qualitative findings. The qualitative results comprise the bulk of the thesis, and involve textual analyses of the prcss reporting and a semiotic analysis of the Games ceremonies. Comparisons of thefour Games are historical in nature. The findings and analysis draw on ways in which the coverage of these major events reflected social, cultural and political factors linked to the evolution of Australia's identity, but overall the study is grounded in communications discourse. The dissertation is interdisciplinary in that the research combines the fields of identity, print journalism, sports journalism, Australian sports history, and Western Australian history. In particular, this thesis aims to cxpand on the currently limited literature on Australia's involvement in the Commonwealth Games.
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Monro, Dugald. "The results of federalism an examination of housing and disability services /." Connect to full text, 2001. http://hdl.handle.net/2123/493.
Full textAbstract:
Thesis (Ph. D.)--University of Sydney, 2002.<br>Title from title screen (viewed 15 April 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Discipline of Government and International Relations, School of Economics and Politics, Faculty of Economics and Business. Degree awarded 2002; thesis submitted 2001. Includes bibliographical references. Also available in print form.
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Carter, Carolyne History Australian Defence Force Academy UNSW. "Bewtween war and peace : the experience of occupation for members of the British Commonwealth Occupation Force, 1945-1952." Awarded by:University of New South Wales - Australian Defence Force Academy. School of History, 2002. http://handle.unsw.edu.au/1959.4/38647.
Full textAbstract:
This thesis explores the British Commonwealth experience of occupation in Japan from 1945-1952. It draws on official and private records from the four participating British Commonwealth countries ??? Australia, Britain, India and New Zealand- to examine the complex relationship that developed between the occupying troops and the occupied Japanese population in the period between the cessation of hostilities and the formal ratification of a Peace Treaty. The thesis begins with an analysis of the preconceptions British Commonwealth troops brought with them to Japan, to establish the context for their cross-cultural encounter with Japan and the Japanese people. An understanding of the historical background enables the impressions formed by BCOF troops during the occupation to be presented not as random observations, but as part of a tradition of contact and cultural critique. The British Commonwealth experience in Japan was shaped by a number of external factors. Delays in moving to Japan weakened media and public interest in the force, eroded morale and precipitated a ???foreign force??? mentality. Once in Japan, the dominant US presence, the subordinate status of BCOF and the shortcomings of the isolated, rural area allocated to the force were a source of disappointment and frustration. But the difficulties attending British Commonwealth involvement in the occupation should not obscure the simultaneous development of a significant cultural encounter. The circumstances of the occupation created a particular dynamic between BCOF troops and Japanese civilians. The responsibilities and obligations that SCAP conferred on the British Commonwealth force invested BCOF personnel with authority over the Japanese. The disparity in power was reinforced by participation in occupation tasks that confirmed their status as occupiers. The occupation relationship was heavily influenced by the nature of personal interactions established between BCOF personnel and the Japanese people. Service in Japan provided opportunities for troops to reassess their views of the Japanese in the light of personal experience. For some, the cultural differences they observed only reinforced their sense of the ???otherness??? of the Japanese. For many others, the occupation provided a bridge between war and peace, as contact with Japanese people eased the intense hatreds generated during the war. For most British Commonwealth personnel, service with BCOF impacted in some way on the beliefs they held about Japan and the Japanese.
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Brown, A. J. (Alexander Jonathan), and n/a. "The Frozen Continent: The Fall and Rise of Territory in Australian Constitutional Thought 1815-2003." Griffith University. Key Centre for Ethics, Law, Justice and Governance, 2003. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20041105.092443.
Full textAbstract:
Through the late 20th century, global society experienced waves of unprecedented political and institutional change, but Australia came to be identified as "constitutionally speaking... the frozen continent", unable or unprepared to comprehensively modernise its own fundamental laws (Sawer 1967). This thesis opens up a subject basic to, but largely unexplored in debate about constitutional change: the territorial foundations of Australian constitutional thought. Our conventional conclusions about territory are first, that Australia's federal system has settled around a 'natural' and presumably final territorial structure; and second, that this is because any federal system such as possessed by Australia since 1901 is more decentralised and therefore more suitable than any 'unitary' one. With federalism coming back into vogue internationally, we have no reason to believe our present structure is not already the best. Reviewing the concepts of territory underpinning colonial and federal political thought from 1815 to the present day, this thesis presents a new territorial story revealing both these conclusions to be flawed. For most of its history, Australian political experience has been based around a richer, more complex and still evolving range of territorial ideas. Federalism is fundamental to our political values, but Australians have known more types of federalism, emerging differently in time and place, than we customarily admit. Unitary values have supplied important symbols of centralisation, but for most of our history have also sought to supply far less centralised models of political institutions than those of our current federal experience. Since the 1930s, in addition to underutilising both federal and unitary lines of imported constitutional theory, Australian politics has underestimated the extent to which our institutional treatment of territory has itself become unique. Despite its recent fall from constitutional discourse, territory is also again on the rise. While political debate has been poorly placed to see it, Australia has experienced a recent resurgence in ideas about territorial reform, offering the promise of a better understanding of the full complexity of our constitutional theory and a new 'unfreezing' of the assumption that territorially, Australia will never change. This thesis seeks to inform these vital new debates.
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Brown, A. J. (Alexander J. ). "The Frozen Continent: The Fall and Rise of Territory in Australian Constitutional Thought 1815-2003." Thesis, Griffith University, 2003. http://hdl.handle.net/10072/365665.
Full textAbstract:
Through the late 20th century, global society experienced waves of unprecedented political and institutional change, but Australia came to be identified as "constitutionally speaking... the frozen continent", unable or unprepared to comprehensively modernise its own fundamental laws (Sawer 1967). This thesis opens up a subject basic to, but largely unexplored in debate about constitutional change: the territorial foundations of Australian constitutional thought.
Our conventional conclusions about territory are first, that Australia's federal system has settled around a 'natural' and presumably final territorial structure; and second, that this is because any federal system such as possessed by Australia since 1901 is more decentralised and therefore more suitable than any 'unitary' one. With federalism coming back into vogue internationally, we have no reason to believe our present structure is not already the best.
Reviewing the concepts of territory underpinning colonial and federal political thought from 1815 to the present day, this thesis presents a new territorial story revealing both these conclusions to be flawed. For most of its history, Australian political experience has been based around a richer, more complex and still evolving range of territorial ideas. Federalism is fundamental to our political values, but Australians have known more types of federalism, emerging differently in time and place, than we customarily admit. Unitary values have supplied important symbols of centralisation, but for most of our history have also sought to supply far less centralised models of political institutions than those of our current federal experience. Since the 1930s, in addition to underutilising both federal and unitary lines of imported constitutional theory, Australian politics has underestimated the extent to which our institutional treatment of territory has itself become unique.
Despite its recent fall from constitutional discourse, territory is also again on the rise. While political debate has been poorly placed to see it, Australia has experienced a recent resurgence in ideas about territorial reform, offering the promise of a better understanding of the full complexity of our constitutional theory and a new 'unfreezing' of the assumption that territorially, Australia will never change. This thesis seeks to inform these vital new debates.<br>Thesis (PhD Doctorate)<br>Doctor of Philosophy (PhD)<br>Key Centre for Ethics, Law, Justice and Governance<br>Faculty of Arts<br>Full Text
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Keir, Warren Neill. "Voter behaviour and constitutional change in Australia since 1967." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/31139/1/Warren_Keir_Thesis.pdf.
Full textAbstract:
Australian Constitutional referendums have been part of the Australian political system since federation. Up to the year 1999 (the time of the last referendum in Australia), constitutional change in Australia does not have a good history of acceptance. Since 1901, there have been 44 proposed constitutional changes with eight gaining the required acceptance according to section 128 of the Australian Constitution. In the modern era since 1967, there have been 20 proposals over seven referendum votes for a total of four changes. Over this same period, there have been 13 federal general elections which have realised change in government just five times. This research examines the electoral behaviour of Australian voters from 1967 to 1999 for each referendum. Party identification has long been a key indicator in general election voting. This research considers whether the dominant theory of voter behaviour in general elections (the Michigan Model) provides a plausible explanation for voting in Australian referendums. In order to explain electoral behaviour in each referendum, this research has utilised available data from the Australian Electoral Commission, the 1996 Australian Bureau of Statistics Census data, and the 1999 Australian Constitutional Referendum Study. This data has provided the necessary variables required to measure the impact of the Michigan Model of voter behaviour. Measurements have been conducted using bivariate and multivariate analyses. Each referendum provides an overview of the events at the time of the referendum as well as the =yes‘ and =no‘ cases at the time each referendum was initiated. Results from this research provide support for the Michigan Model of voter behaviour in Australian referendum voting. This research concludes that party identification, as a key variable of the Michigan Model, shows that voters continue to take their cues for voting from the political party they identify with in Australian referendums. However, the outcome of Australian referendums clearly shows that partisanship is only one of a number of contributory factors in constitutional referendums.
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Roche, Vivienne Carol. "Razor gang to Dawkins : a history of Victoria College, an Australian College of Advanced Education." Connect to digital thesis, 2003. http://eprints.unimelb.edu.au/archive/00000468.
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Al-Rokn, Mohammed Abdulla Mohammed. "A study of the United Arab Emirates legislature under the 1971 Constitution : with special reference to the Federal National Council (FNC)." Thesis, University of Warwick, 1991. http://wrap.warwick.ac.uk/36197/.
Full textAbstract:
This study Is concerned with the Federal National Council (FNC) in the United Arab Emirates (U.A.E.) under the 1971 Constitution. In selecting the U.A.E. as a case study, a historical and socioeconomic perspective is adopted. The thesis analyses the U.A.E. traditional society and the effect of external factor namely its relation with Britain, and internal factor, viz, the advent of oil wealth, on the power structure in the emirates. Both factors increased the concentration of central power and decreased popular participation. The study provides a theoretical appraisal of the role and functions of the legislature in developing countries. It examines the constitutional functions namely legislative, political and financial. The study suggests new roles that the legislatures performs in Third World countries. The thesis examines the historical development of the U.A.E. constitutional system. Such development ended In 1971 when the emirates adopted a "Provisional Constitution" to the requirements of the rulers. The study explores the 1971 constitution with particular emphasis on the role of the National Council. It analyses the composition, functions, role and constitutional arrangements of the National Council In the U.A.E. The study provides an analysis of the major political and constitutional cases, In which the FNC was a part, in order to examine the practical working of the constitutional provisions in reality. Finally, the thesis attempts to explain the limitations, Imposed on the National Council, present in the existing constitutional framework and suggests some improvements to the status quo. The coimnon ground throughout the thesis is that a constitution with a democratic tendency does not necessarily establish democratic institutions and that it would be more acceptable in a developing country to introduce evolutionary rather than radical changes to its constitutional system. However, the study clarifies the difficulties of concentration of central power in developing countries.
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Dungan, John. "Post-compulsory education and training reform in Australia: An analysis of how the policy agenda has been constructed and shaped in recent years." Thesis, Queensland University of Technology, 1999. https://eprints.qut.edu.au/36586/1/36586_Digitised%20Thesis.pdf.
Full textAbstract:
Post-compulsory education and training arrangements in Australia have been subjected to continuing change over the last decade. Major reforms have included the introduction of a range of vocational education and training (VET) initiatives in post-compulsory schooling, an almost continual revamping of apprenticeships and traineeships, and various reforms to recognition of training arrangements within the mainstream VET sector. These reforms have involved various stakeholders across the schooling and VET sectors, government, industry and community groups to differing degrees. This study examines how the major policy reforms within post-compulsory education and training in Australia over the past decade have been assembled and shaped. A case study selected as representative of the policy reforms, the convergence of general and vocational education in the post-compulsory school curriculum, is examined in detail, with the major implications extrapolated for the broader set of policy reforms within post-compulsory education and training. Major findings include the essentially complex, ambiguous and conflicting nature of the policy reforms themselves, the predominant role of the governing policy elites in shaping and influencing the reforms, the incremental nature by which the policy reforms have been constructed, and the complex set of Commonwealth-State Government arrangements and interfaces which have influenced the reforms. Implications for policy-makers in post-compulsory education and training are considered.
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Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.
Full textAbstract:
This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.
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Guilluy, Thibault. "Du "self-government" des Dominions à la dévolution : recherches sur l'apparition et l'évolution de la Constitution britannique." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020006.
Full textAbstract:
L’objet de cette étude est d’identifier une constitution « britannique » distincte de la constitution anglaise. Si le langage commun tend trop souvent à confondre une partie pour le tout, l’Angleterre pour le Royaume-Uni, cet écueil n’épargne pas les juristes. La notion de constitution britannique vise précisément à rendre compte de la manière dont le droit constitutionnel a pu appréhender et saisir la tension fondamentale qui l’anime entre deux exigences en apparence contraires, l’unité et la diversité. Depuis les lois de dévolution adoptées à la fin du XXe siècle, l’Ecosse, le Pays de Galles et l’Irlande du Nord disposent d’institutions de gouvernement autonomes, soumises théoriquement à la souveraineté du Parlement de Westminster. Le corps de lois, règles et principes qui régissent cet arrangement institutionnel permettent d’identifier un cadre constitutionnel spécifiquement britannique. Mais celui-ci n’est pas pour autant né à la fin du XXe siècle. Il nous semble en effet que cette constitution britannique trouve ses sources et son origine dans les relations qui ont pu s’établir entre le Royaume-Uni et certaines de ses colonies dotées d’un statut particulier et d’un gouvernement autonome, les Dominions. C’est dans ce cadre historique et intellectuel qu’a pu apparaître une manière spécifiquement britannique d’organiser cette tension entre l’unité et la diversité. Celle-ci puise d’ailleurs dans les ressources propres du constitutionnalisme britannique, qui résulte d’un entrelacement ingénieux de règles et principes juridiques et de pratiques institutionnalisées, les conventions de la constitution. Cette rencontre entre le droit et les conventions dessine un droit constitutionnel original et peut-être fédéral<br>This study aims at identifying a « British » constitution distinct from the English constitution. If popular language tends to confuse one part with the whole, England with the United Kingdom, so do jurists. The concept of a British constitution aims at capturing the way in which constitutional law may have grasped the fundamental tension between two seemingly antagonist ideas, unity and diversity. Since the devolution Acts have been enacted in the end of the XXth century, Scotland, Wales and Northern Ireland enjoy responsible government, under the asserted sovereignty of the Parliament of Westminster. The body of statutes, rules and principles that govern this institutional arrangement thus form a specifically British constitutional framework. But this framework was not necessarily born in the end of the XXth century. We intend to show that this British constitution can be traced back to the constitutional relations established between the United Kingdom and some of her colonies, the Dominions. It is within this historical and intellectual framework that may have appeared a specifically British way of dealing with this tension between unity and diversity. It seems to have resorted to the resources of British constitutionalism, which is produced by the ingenious imbrication of legal rules and principles and of institutionalized practices, i.e. the conventions of the Constitution. This confluence of law and conventions sketches a constitutional law that is both original and possibly federal
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Tiernan, Anne-Maree. "Ministerial Staff Under the Howard Government: Problem, Solution or Black Hole?" Thesis, Griffith University, 2005. http://hdl.handle.net/10072/367746.
Full textAbstract:
This thesis traces the development of the ministerial staffing system in Australian Commonwealth government from 1972 to the present. It explores four aspects of its contemporary operations that are potentially problematic. These are: the accountability of ministerial staff, their conduct and behaviour, the adequacy of current arrangements for managing and controlling the staff, and their fit within a Westminster-style political system.
In the thirty years since its formal introduction by the Whitlam government, the ministerial staffing system has evolved to become a powerful new political institution within the Australian core executive. Its growing importance is reflected in the significant growth in ministerial staff numbers, in their increasing seniority and status, and in the progressive expansion of their role and influence. There is now broad acceptance that ministerial staff play necessary and legitimate roles, assisting overloaded ministers to cope with the unrelenting demands of their jobs. However, recent controversies involving ministerial staff indicate that concerns persist about their accountability, about their role and conduct, and about their impact on the system of advice and support to ministers and prime ministers.
The contemporary ministerial staffing system is an organisation of considerable complexity and diversity. This study profiles its key features and elements, with a focus on the governance framework within which ministerial staff work. Analysis of staffing arrangements under the Whitlam, Fraser, Hawke and Keating governments shows that all governments have built on the innovations of their predecessors, developing arrangements that reflect their own needs and preferences. But, as this thesis demonstrates, governance arrangements to regulate and control ministerial staff have not evolved as quickly as structures to help and support ministers. Two case studies from the later years of the Keating government demonstrate that problems always inherent to the ministerial staffing system became increasingly evident as public sector reforms challenged the role of the public service, and boundaries between the respective roles and responsibilities of ministerial staff and public servants became blurred. As ministerial offices became larger and there were greater demands on ministers, questions arose about their capacity to manage and supervise their ministerial staff.
There has been no scholarly analysis of ministerial staffing arrangements under the Howard government. This thesis contributes original data and analysis documenting the further evolution of the ministerial staffing system during the period 1996 to 2004. This shows the trend towards large, active and interventionist ministerial staffing arrangements has continued under the Howard government. The ministerial staffing system has evolved in ways that reinforce the power of the Prime Minister. Ministerial staff are a key means by which public service responsiveness is achieved. They reach deep into the operations of the bureaucracy in their quest for information and advice. Although it has enhanced employment arrangements for ministerial staff, the Howard government has done little to strengthen the governance framework within which they operate.
In the absence of a clear framework, confusion has arisen about the demarcation of roles between ministerial staff and public servants. Two cases, the 1997 Travel Rorts affair and the 2001 Children Overboard controversy, provide a dynamic account of the contemporary ministerial staffing system in operation. They also provide an empirical basis for assessing the adequacy of the current governance framework for ministerial staff. This thesis concludes that the actions of the Howard government in handling controversies involving ministerial staff have undermined the already weak governance framework regulating and controlling them. Over time, and especially in the past decade, the ministerial staffing system has broken out of the framework on which its development was premised. In a constitutional and managerial sense, the contemporary staffing system is ‘out of control’.
This thesis identifies important parallels between the problems with ministerial staff that are being experienced in Australian and other Westminster systems, and those that have characterised the White House staff. The US experience offers a useful way of understanding the endemic problems of political staffing, and highlights potential trajectories along which the Australian system might develop if left unchecked.
Finally, the thesis considers proposals for reforming the ministerial staffing system, and assesses the prospects of such proposals being adopted by current and future Australian governments.<br>Thesis (PhD Doctorate)<br>Doctor of Philosophy (PhD)<br>Department of Politics and Public Policy<br>Griffith Business School<br>Full Text
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Abjorensen, Norman, and norman abjorensen@anu edu au. "Leadership in the Liberal Party: Bolte, Askin and the Post-War Ascendancy." The Australian National University. Faculty of Arts, 2005. http://thesis.anu.edu.au./public/adt-ANU20070320.122842.
Full textAbstract:
The formation of the Liberal Party of Australia in the mid-1940s heralded a new effort to stem the tide of government regulation that had grown with Labor Party rule in the latter years of World War II and immediately after. It was not until 1949 that the party gained office at Federal level, beginning what was to be a record unbroken term of 23 years, but its efforts faltered at State level in Victoria, where the party was divided, and in New South Wales, where Labor was seemingly entrenched. The fortunes were reversed with the rise to leadership of men who bore a different stamp to their predecessors, and were in many ways atypical Liberals: Henry Bolte in Victoria and Robin Askin in New South Wales. Bolte, a farmer, and Askin, a bank officer, had served as non-commissioned officers in World War II and rose to lead parties whose members who had served in the war were predominantly of the officer class. In each case, their man management skills put an end to division and destabilisation in their parties, and they went on to serve record terms as Liberal leaders in their respective States, Bolte 1955-72 and Askin 1965-75. Neither was ever challenged in their leadership and each chose the time and nature of his departure from politics, a rarity among Australian political leaders. Their careers are traced here in the context of the Liberal revival and the heightened expectations of the post-war years when the Liberal Party reached an ascendancy, governing for a brief time in 1969-70 in all Australian States as well as the Commonwealth. Their leadership is also examined in the broader context of leadership in the Liberal Party, and also in the ways in which the new party sought to engage with and appeal to a wider range of voters than had traditionally been attracted to the non-Labor parties.
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Baguley, Margaret Mary. "The deconstruction of domestic space." Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/35896/1/35896_Baguley_1998.pdf.
Full textAbstract:
Introduction:
I find myself in the pantry, cleaning shelves, in the laundry, water slopping around my elbows, at the washing line, pegging clothes. I watch myself clean shelves, wash, peg clothes. These are the rhythms
that comfort. That postpone. (The Painted Woman, Sue Woolfe, p. 170)
As a marginalised group in Australian art history and society, women artists possess a valuable and vital craft tradition which inevitably influences all aspects of their arts practice. Installation art, which has its origins in the craft tradition, has only been
acknowledged in the art mainstream this decade; yet evolved in the home of the 1950s. The social policies of this era are well documented for their insistence on
women remaining in the home in order to achieve personal success in their lives. This cultural oppressiveness paradoxically resulted in a revolution in women's art in the environment to which they were confined. Women's creative energies were diverted and sublimated into the home, resulting in aesthetic statements of individuality in home decoration. As an art movement, women's installation art in the home provided the similar structures to formally recognised art schools in the mainstream, and include: informal networks and training (schools); matriarchs within the community
who were knowledgable in craft traditions and techniques and shared these with younger women (mentorships); visiting other homes and providing constructive
advice (critiques); and women's magazines and glory boxes (art journals and sketch books). A re-examination of this vital period in women's art history will reveal the
social policies and cultural influences which insidiously undermined women's art, which was based on craft traditions.
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Oakshott, Stephen Craig School of Information Library & Archives Studies UNSW. "The Association of Libarians in colleges of advanced education and the committee of Australian university librarians: The evolution of two higher education library groups, 1958-1997." Awarded by:University of New South Wales. School of Information, Library and Archives Studies, 1998. http://handle.unsw.edu.au/1959.4/18238.
Full textAbstract:
This thesis examines the history of Commonwealth Government higher education policy in Australia between 1958 and 1997 and its impact on the development of two groups of academic librarians: the Association of Librarians in Colleges in Advanced Education (ALCAE) and the Committee of Australian University Librarians (CAUL). Although university librarians had met occasionally since the late 1920s, it was only in 1965 that a more formal organisation, known as CAUL, was established to facilitate the exchange of ideas and information. ALCAE was set up in 1969 and played an important role helping develop a special concept of library service peculiar to the newly formed College of Advanced Education (CAE) sector. As well as examining the impact of Commonwealth Government higher education policy on ALCAE and CAUL, the thesis also explores the influence of other factors on these two groups, including the range of personalities that comprised them, and their relationship with their parent institutions and with other professional groups and organisations. The study focuses on how higher education policy and these other external and internal factors shaped the functions, aspirations, and internal dynamics of these two groups and how this resulted in each group evolving differently. The author argues that, because of the greater attention given to the special educational role of libraries in the CAE curriculum, the group of college librarians had the opportunity to participate in, and have some influence on, Commonwealth Government statutory bodies responsible for the coordination of policy and the distribution of funding for the CAE sector. The link between ALCAE and formal policy-making processes resulted in a more dynamic group than CAUL, with the university librarians being discouraged by their Vice-Chancellors from having contact with university funding bodies because of the desire of the universities to maintain a greater level of control over their affairs and resist interference from government. The circumstances of each group underwent a reversal over time as ALCAE's effectiveness began to diminish as a result of changes to the CAE sector and as member interest was transferred to other groups and organisations. Conversely, CAUL gradually became a more active group during the 1980s and early 1990s as a result of changes to higher education, the efforts of some university librarians, and changes in membership. This study is based principally on primary source material, with the story of ALCAE and CAUL being told through the use of a combination of original documentation (including minutes of meetings and correspondence) and interviews with members of each group and other key figures.
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Hess, Martin Christopher. "The Australian Federal Police as an International Actor: Diplomacy by Default." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/144278.
Full textAbstract:
Under traditional International relations theory, diplomacy
relates to relations between sovereign nations. There have been
two broad schools of thought on the dynamics behind these
relations: the ‘realist’ school, which tends to consider
power and conflict as the major lens through which such should be
viewed, and the ‘idealist’ school which tended to focus on
cooperation rather than conflict. Between these two extreme
views, a third school, the English School of International
Relations, also known as the British Institutionalists, provides
somewhat of a compromise view, acknowledging the merit of both
realism and idealism, by accepting that power remains an
important element but also advocating that acceptance of common
norms and institutions plays a significant role in determining
relations, or the International Society between states.
In 1977 Hedley Bull offered the following definition of
International Society when he stated that International Society
… exists when a group of states, conscious of certain common
interests and common values, form a society in the sense that
they conceive themselves to be bound by a common set of rules in
their relations with one another, and share in the working of
common institutions.
This thesis is not specifically related to International
Relations theory, which deals with inter-state relations. Whilst
inter-state conflict and international relations remain important
drivers of foreign and military policy, there is a growing
recognition that it is intra-state conflict avoidance and
post-conflict reconstruction which increasingly mitigate the risk
to the safety, security, peace and prosperity of nations and
regions. Much of this disquiet has its roots in
maladministration, poor governance and a lack of justice. These
are areas in which traditional approaches to foreign intervention
via trade, aid and military force have limited effect, and in
which effective consent-based policing and justice can play a
significant part in building sustainable and peaceful outcomes.
This thesis discusses the role played by a non-traditional actor
in the international arena, the police, specifically the
Australian Federal Police (AFP), in addressing some of these
intra-state justice and governance issues in a constantly
changing, unstable and unpredictable global and regional
environment. The thesis is intended to outline the diversity and
versatility of AFP activities and to contextualise them in terms
of non-traditional New Diplomacy. The aspects of diplomacy of
most significance relate to diplomatic qualities or traits of the
individual police officer, diplomatic behaviours of these
members, and diplomatic outcomes of their activities. As such
the thesis does not relate directly to International Relations
theory or to International Society, as espoused by Hedley Bull.
There are, however, some interesting intersections which are
worthy of note. There are some critics of the English School who
argue that it is Eurocentric. Today’s International Relations
originated in the 19th century when a number of European nations
formed a club of ‘civilised’ states bound by international
law, which expanded around the globe to involve all nations. This
concept has been used to explain the lack of imperative for a
supra-state or world government to maintain orderly inter-state
relations, as the force which binds them is consent to agree to
common interest and values within a global rules-based order.
In terms of policing on an international scale, global government
is simply too unwieldy. There are a number of global,
consent-based institutions such as the United Nations and
INTERPOL, which fulfil this requirement to a certain extent. The
AFP has had long involvement with both of these global
institutions, as well as several regional policing institutions.
In terms of conflict-oriented ‘realism’ and cooperative
‘idealism’, policing walks both sides of the street. As this
thesis will discuss, the whole posture of liberal-democratic
policing is conflict prevention, and the means by which such
police carry out their daily duties is by cooperation. This is
the context in which replication or expansion of International
Society should be considered in relation to the activities of the
AFP internationally and regionally.
This thesis is by definition Eurocentric, or more specifically
Anglo-centric, due to the historical fact that the AFP draws all
of its principles from Australia’s British antecedents and
adheres to a largely ‘western’ or European notion of human
rights values.
This thesis explores the role of the AFP as an international
actor. The thesis asserts that effective international policing
has never been more important in linking the international with
the domestic. The way the AFP operates in a landscape where
traditional policing paradigms are rapidly changing, due to
ever-changing, political, diplomatic, and transnational issues,
is examined in the context of the ‘globalisation paradox’, of
both needing and fearing, global governance simultaneously, as
raised by Anne-Marie Slaughter in her book, A New World Order.
The way the organisation has evolved from its origins, based on
Western liberal-democratic policing values, approaches and
skills, to an organisation involved in international policing and
diplomacy at the highest levels, while still retaining its
liberal-democratic credentials is explained. It is argued that in
the contemporary international and Australian context, the AFP is
an effective and experienced agency. It is further argued that
this is a distinctive form of new diplomacy, appropriate to an
increasingly globalised world.
The AFP has established an extensive international network in
more than 30 countries, has been a consistent contributor to
national security, has participated in numerous international
deployments over half a century, and continues to play a
meaningful role in Australian foreign policy efforts. The thesis
provides evidence to show how AFP officers exhibit diplomatic
qualities similar to those listed by Daryl Copeland in his book
Guerrilla Diplomacy , as well as those mentioned by Christopher
Meyer in his book Getting Our Way.
In all of its international endeavours, AFP members have
demonstrated, in varying degrees, the three enduring elements of
diplomacy as outlined by Jonsson and Hall in their book The
Essence of Diplomacy. They have communicated and negotiated in
some very challenging circumstances and they are representatives
of the Australian Government and its humanitarian values. The
AFP, as part of broader efforts with institutions such as the UN,
have not so much sought a replication of international society,
as mentioned by Jonsson and Hall, but have provided a supplement
to international society, by effective networking, thereby
addressing in large part, Slaughter’s ‘globalisation
paradox’. It is not so much universal police homogeneity which
is sought by such endeavours, as a balance between it, and the
heterogeneity which is inevitably associated with cultures
transitioning from custom and tradition, to 21st century
expectations of nationhood. The way the AFP’s transnational
operations, activities, and deployments, not only serve perceived
national interests, but result in more effective regional
governance, is identified as ‘diplomacy by default’, because
formal Track I diplomacy is not their primary objective. It will
be demonstrated how international diplomacy, while generally
conducted with perceived national interests as its primary goal,
has a secondary benefit, good international citizenship, and that
the AFP has a credible history of serving both.
It is argued that the AFP is well positioned within government,
law and intelligence and security circles, in the Australian and
international contexts, through an extensive liaison officer
network in South-East Asia, the South-West Pacific as well as
more broadly. It will be demonstrated how the AFP has shown
itself as capable and ready to respond effectively to extant and
emerging challenges, and as such, has earned a place in foreign
policy discussions and considerations at the highest diplomatic
levels, including the UN. The AFP provides a distinctive and
direct link between the global, the regional, and the domestic,
which matches the rapidly globalised community it represents. The
thesis confirms that international policing acts as a distinctive
aspect of Australian ‘firm’ diplomacy, and supplements the
more traditional elements of international engagement, between
the ‘soft’ or traditional diplomacy, and the ‘hard’ form
of military intervention. The evidence provided shows how it is
by this form of whole-of-government activity, inclusive of
policing, that stability and security are enhanced, and peace and
prosperity are encouraged. Overall, the thesis affirms the AFP as
a transnational agency, which is well placed to link the
international with the domestic, the contextual with the
aspirational, and the theoretical with the practical, in a period
of strategic uncertainty in international affairs at the dawn of
the Third Millennium.
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Davies, Llewellyn Willis. "‘LOOK’ AND LOOK BACK: Using an auto/biographical lens to study the Australian documentary film industry, 1970 - 2010." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/154339.
Full textAbstract:
While much has been written on the Australian film and television
industry, little has been presented by actual producers,
filmmakers and technicians of their time and experiences within
that same industry. Similarly, with historical documentaries, it
has been academics rather than filmmakers who have led the
debate. This thesis addresses this shortcoming and bridges the
gap between practitioner experience and intellectual discussion,
synthesising the debate and providing an important contribution
from a filmmaker-academic, in its own way unique and insightful.
The thesis is presented in two voices. First, my voice, the
voice of memoir and recollected experience of my screen
adventures over 38 years within the Australian industry, mainly
producing historical documentaries for the ABC and the SBS. This
is represented in italics. The second half and the alternate
chapters provide the industry framework in which I worked with
particular emphasis on documentaries and how this evolved and
developed over a 40-year period, from 1970 to 2010.
Within these two voices are three layers against which this
history is reviewed and presented. Forming the base of the
pyramid is the broad Australian film industry made up of feature
films, documentary, television drama, animation and other types
and styles of production. Above this is the genre documentary
within this broad industry, and making up the small top tip of
the pyramid, the sub-genre of historical documentary. These form
the vertical structure within which industry issues are
discussed. Threading through it are the duel determinants of
production: ‘the market’ and ‘funding’.
Underpinning the industry is the involvement of government, both
state and federal, forming the three dimensional matrix for the
thesis. For over 100 years the Australian film industry has
depended on government support through subsidy, funding
mechanisms, development assistance, broadcast policy and
legislative provisions.
This thesis aims to weave together these industry layers, binding
them with the determinants of the market and funding, and
immersing them beneath layers of government legislation and
policy to present a new view of the Australian film industry.
49
"Judicial mediation and Ch III of the Commonwealth Constitution." Gold Coast, Australia : Bond University, 2009. http://epublications.bond.edu.au/theses/20.
Full text
50
Stone, Bruce. "Australian commonwealth statutory authorities : their contribution to an accountable public administration." Phd thesis, 1990. http://hdl.handle.net/1885/124871.
Full textAbstract:
The widespread use of the statutory authority has long been
seen as a major characteristic of Australian public
administration. A major theme in the literature on statutory
authorities in countries such as Australia whose core
institutions of government are based on the Westminster model
is the problem of accountability which these bodies are
alleged to cause. This thesis addresses that problem in the
context of Australian Commonwealth government.
The general aim of the thesis is to challenge the
traditional view that the statutory authority is not a
suitable administrative form upon which to build an
accountable public administration. It begins by showing how
the dominant conception of accountability associated with the
Westminster 'syndrome' of ministerial control of
administration and ministerial responsibility to parliament
has shaped, and prejudiced, the understanding of
accountability in Commonwealth statutory authorities. Next,
it is argued that there is less difference between the
accountability of Australian Commonwealth statutory
authorities and that of ministerial departments than is often
supposed. The thesis then questions the continuing
application to statutory authorities of assumptions about
accountability which have for some time been under serious challenge in Australian public administration. It is argued
that, considered in the light of an understanding of
accountability informed by contemporary developments in
Australia and elsewhere, Commonwealth statutory authorities
demonstrate a reasonably healthy degree of accountability and,
perhaps more importantly, reveal the potential to play an
important role in the development of a more accountable public
administration.
Central to the thesis is an attempt to develop an
appropriate conceptual framework for understanding the public
accountability of statutory authorities. To this end, the
root idea of accountability is identified as the satisfaction
of diverse expectations and concerns about the exercise of
administrative discretion. It is then argued that three
conceptions of, or perspectives on, accountability may be
usefully distinguished. Alongside the traditional notion of
'parliamentary control', 'managerialist' and 'constituency
relations' conceptions are introduced. The differences
between the three may be summarized as follows: parliamentary
control relies heavily on essentially bureaucratic
relationships of close supervision or control of the
administrative agency; the managerialist conception employs
quasi-contractual relations, emphasizing strategic control and
periodic evaluation; and the constituency relations conception
rests on an essentially political set of relationships,
emphasizing the responsiveness through various mechanisms of
the agency to a range of interested constituencies.
The three conceptions are presented as complementary
rather than mutually exclusive ways of viewing accountability. All have a role to play in contemporary public administration,
and indeed all three may be utilized in different mixes to
engineer a desired level and form of public accountability for
particular statutory authorities. Accountability regimes, it
is suggested, ought to be tailored to the nature and mission
of the individual administrative organization.
It is also suggested, finally, that debate over the
accountability of statutory authorities may be viewed as an
aspect of a wider debate over the relative merits of competing
models of democracy. Statutory authorities have a role to
play in a system of government based on dispersal of power and
widespread responsiveness. They allow administrative tasks to
be located in a wide range of purpose-built administrative
agencies with a wide range of purpose-related means of
responding to the concerns and expectations of many relevant
constituencies regarding the use of administrative discretion.