Academic literature on the topic 'Jurisprudence – Australia'
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Journal articles on the topic "Jurisprudence – Australia"
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Croft, Clyde. "Recent Developments in Arbitration in Australia." Journal of International Arbitration 28, Issue 6 (December 1, 2011): 599–616. http://dx.doi.org/10.54648/joia2011046.
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Australia has recently modernized its international and domestic commercial arbitration law to reflect (with some amendments) the 2006 version of the UNCITRAL Model Law on International Commercial Arbitration. As well as legislative reform, Australia has taken practical steps such as providing new dispute resolution facilities and specialist court arbitration lists to enhance Australia as an arbitral seat. Recent judgments by Australian courts have been supportive of international arbitration and have indicated a willingness to apply the international jurisprudence relating to the Model Law and the New York Convention. These improvements have increased Australia's attractiveness as an arbitral seat.
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Boyle, Liam. "The Significant Role of the Australia Acts in Australian Public Law." Federal Law Review 47, no. 3 (July 3, 2019): 358–89. http://dx.doi.org/10.1177/0067205x19856501.
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The Australia Acts accomplished more than symbolic change. They brought about a super-structural change to Australian constitutional law, and shortly afterwards a fundamental change to the public law jurisprudence in Australia emerged. This article presents an argument that these changes are inextricably intertwined and that the Australia Acts provided a significant catalyst and a tipping point for fundamental change to the Australian legal system.
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Whyte, Shaheen. "Whither Minority Jurisprudence?" Australian Journal of Islamic Studies 2, no. 3 (October 18, 2017): 55–75. http://dx.doi.org/10.55831/ajis.v2i3.59.
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This study explores the notion of fiqh al-aqalliyat (minority jurisprudence) in Western societies with a focus on Australian Muslims. It argues that, despite enabling Western Muslims to formulate a contextspecific jurisprudence to their newly adopted homelands, fiqh alaqalliyat remains fiercely debated in Islamic studies. Critics of minority fiqh reveal several contention points relating to its lack of applicability in certain social and political contexts; exploitation of legal maxims relating to easing hardship for Muslims; and its overly integrationist mentality. Proponents of minority fiqh, on the other hand, argue these very facets are circumstantial and designed to help Muslims appropriate Islamic teachings to new and unfamiliar settings. This study therefore looks at the socio-political and situational circumstances of the minority population in question, whether it is a well-established migrant community in the West or one that holds a less favourable minority status elsewhere. It assesses these contexts in light of the scholarly and juristic arguments at hand, before moving into how minority fiqh issues are deliberated and contested in Australia.
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Kiefel, Susan, and Gonzalo Villalta Puig. "The Constitutionalisation of Free Trade by the High Court of Australia and the Court of Justice of the European Union." Global Journal of Comparative Law 3, no. 1 (May 29, 2014): 34–49. http://dx.doi.org/10.1163/2211906x-00301002.
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Together with matters of multilateral and bilateral regulation, domestic regulation affects the law and policy of economic relations between the European Union (eu) and Australia. This article discusses the constitutional determinants of the Australian single market and the significance to its development of the free trade jurisprudence of the Court of Justice of the European Union. When Australia was federated, free trade between the States and the removal of barriers at the borders were at the forefront of constitutional objectives. They find expression in Section 92 of the Australian Constitution. It took some time for the jurisprudence to develop by reference to principles of competition. Recent decisions of the High Court of Australia highlight the need to prove that a law or measure may have anti-competitive effects within a market to hold it invalid. Application of this (unacknowledged) test of proportionality invites comparison with eu law and opens to question the usefulness of protectionism as a criterion of constitutional invalidity for trade without borders in the ‘new economy’.
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Tully, Stephen. "Sex, Slavery and the High Court of Australia: The Contribution of R v. Tang to International Jurisprudence." International Criminal Law Review 10, no. 3 (2010): 403–23. http://dx.doi.org/10.1163/157181210x507886.
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AbstractThe judgment of the High Court of Australia in R v. Tang is a significant contribution to jurisprudence on the definition of slavery under international law. This case considered whether the intention of the perpetrator was a necessary element for the prosecution of that offence under Australian law. The High Court also preserved the conceptual integrity of slavery, evaluated the decisions in Kunarac and Siliadin, identified the powers attaching to the right of ownership as that expression appears in the 1926 and 1956 Slavery Conventions and employed a human rights orientation to contemporary manifestations of slavery. Although considerable practical challenges remain for enforcing the prohibition against slavery in Australia, R v. Tang marks a significant precedent likely to influence future international jurisprudence on the topic.
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David, Fiona, and Jake Blight. "Understanding Australia’s Human Rights Obligations in Relation to Transsexuals: Privacy and Marriage in the Australian Context." Deakin Law Review 9, no. 2 (November 1, 2004): 310–25. http://dx.doi.org/10.21153/dlr2004vol9no2art246.
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This article examines recent European jurisprudence on the rights of transsexuals to privacy and marriage. The authors argue that Australia’ s obligations under the ICCPR should be understood in light of this jurisprudence. On this basis, Australia is obliged to ensure that its authorities: (a) legally recognise the changed gender of post-operative transsexuals; and (b) permit the marriage of post-operative trans- sexuals to persons of the opposite gender to their re-assigned gender. The authors note the continuing uncertainty around the extension of these rights to transsexuals who have not had ‘surgery’ but argue in favour of extending ICCPR rights in this way. The authors also consider the legal situation regarding privacy and marriage for transsexuals in Australia. Like the international jurisprudence, Australian laws have not dealt with the situation of transsexuals who have not had surgery. The authors argue that legal distinctions based on the surgical model are more about providing certainty than they are about ensuring the rights and dignity of the people affected. Given Australia’s human rights obligations, it would be more appropriate for consideration to be given to the full range of social and cultural factors that affect whether a person is considered to be a man or a woman.
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Barnett, Hilaire. "The province of jurisprudence determined-again!" Legal Studies 15, no. 1 (March 1995): 88–127. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00054.x.
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This report presents the findings of the survey conducted in 1993/94, this survey being an updated version of one conducted in 1983/94. The present study has been expanded to cover Australian and Canadian (Common Law) universities, and as in previous surveys has been conducted primarily through the medium of a detailed questionnaire.In each of the jurisdictions surveyed there exist parallel concerns about legal education and, of more direct interest here, the role of Jurisprudence and Legal Theory within the law curriculum. By drawing on data received from Australia, Canada and the United Kingdom and the literature on legal education, this article aims to provide a comparative study of the extent to which Jurisprudence features in the academic training of the next generation of lawyers, a large proportion of whom will enter a profession characterised by a shared common law tradition.
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McAdam, Jane, and Fiona Chong. "Complementary Protection in Australia two Years on: An Emerging Human Rights Jurisprudence." Federal Law Review 42, no. 3 (September 2014): 441–83. http://dx.doi.org/10.22145/flr.42.3.2.
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Since 24 March 2012, asylum seekers whose claims are processed in Australia have been able to claim protection on broader grounds than those contained in the Refugee Convention. This is known as ‘complementary protection’. Complementary protection provides protection to those who face a real risk of arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman or degrading treatment or punishment if removed from Australia. This article provides an in-depth analysis of complementary protection in its first two years of operation in Australia. It examines: (a) the kinds of factual scenarios giving rise to complementary protection; (b) case law developments in relation to the content of, and exceptions to, the complementary protection criteria; and (c) the extent to which Australia's approach reflects international practice.
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Kelly, Danial. "Natural Resources Law in Australia: Principles and Practices." Jambe Law Journal 1, no. 2 (July 12, 2019): 155–76. http://dx.doi.org/10.22437/jlj.1.2.155-176.
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What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
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Edney, Richard. "Indigenous punishment in Australia: a jurisprudence of pain ?" International Journal of the Sociology of Law 30, no. 3 (September 2002): 219–34. http://dx.doi.org/10.1016/s0194-6595(02)00026-6.
Full textDissertations / Theses on the topic "Jurisprudence – Australia"
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Dorsett, Shaunnagh Law Faculty of Law UNSW. "Thinking jurisdictionally: a genealogy of native title." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/23963.
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In Mabo v. State of Queensland (No. 2) (1992) 175 C.L.R. 1, the majority of the High Court held that ???native title??? had survived the acquisition of sovereignty over the Australian continent and is ???recognised??? by the common law. However, all the judgments failed to articulate clearly either the nature of native title as a legal form, and the relationship of that legal form to the common law, or what is meant by ???recognition???. Twelve years later the High Court has still not provided a satisfactory understanding of any of these matters. The central problem investigated by this thesis is the nature of that relationship and of the legal interest of native title. It is contended that this relationship can be understood and ordered as a matter of jurisdiction. This thesis seeks to recuperate a substantive concept of jurisdiction, and specifically of a particular jurisdiction, that of the common law, and to demonstrate how the interest of native title results from the jurisdictional relationship between common law and indigenous law. Part I is a genealogy of native title, drawn out through a history of ideas about common law jurisdiction. It is an account of the legal practice of jurisdiction, through a conceptual elaboration of a particular jurisdiction: the common law. This part traces the history of the common law from its origins in a pluralistic, fragmented, jurisdictional landscape, to its current position as the ???law of the land???. It considers the traditional mechanisms and techniques through which the common law has ordered its relationships with other jurisdictions, and how it has appropriated matters traditionally within the purview of other jurisdictions, accommodating them within the common law as ???custom???. The thesis demonstrates that the same gestures and practices can be seen in modern native title decisions, and contends that the ordering which underpins both native title, and the Australian legal system, is jurisdictional. Part II examines the practice of jurisdiction through an examination of three technologies of jurisdiction, all of which contributed to the construction of the legal entity of native title as an act of jurisdiction: mapping, accommodation and categorisation.
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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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Spagnolo, Benjamin James. "Kelsen and Raz on the continuity of legal systems : applying the accounts in an Australian context." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a9025e33-e70e-49e9-994f-52f8daa311fd.
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This thesis has three objectives. Its primary objective is to examine, and critically evaluate, the theoretical accounts offered by Hans Kelsen and Joseph Raz to explain the temporal continuity and discontinuity of legal systems. In particular, it evaluates the explanatory power of those accounts by combining an abstract analysis of the accounts in principle and an evaluation based on systematically applying them to one concrete, historically circumstanced instance: the legal systems of British derivation in Australia between 1788 and 2001. The thesis thus tests each account’s factual fit: how adequately it corresponds to, accords with, and persuasively makes sense of, the facts – including complex social facts, attitudes and normative standards – for which it purports to offer an account. Second, the thesis aims to demonstrate, more generally, the utility of applying theoretical accounts to a particular historical instance to complement abstract analysis. Third, the thesis aims to advance the understanding of the evolution of Australian legal systems between 1788 and 2001. These three objectives are achieved through the critical exposition and reconstruction of the accounts, their development and enrichment where refinement is appropriate, their application to the specific context of Australia and their evaluation, individually and in comparison.
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Heywood, Ethan Anthony. "No-invalidity clauses in modern Australian jurisprudence: Avoiding islands of power immune from supervision and restraint." Thesis, Heywood, Ethan Anthony (2018) No-invalidity clauses in modern Australian jurisprudence: Avoiding islands of power immune from supervision and restraint. Honours thesis, Murdoch University, 2018. https://researchrepository.murdoch.edu.au/id/eprint/44807/.
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Section 75(v) of the Constitution gives the High Court original jurisdiction in all matters in which a ‘writ of mandamus, prohibition and injunction is sought against an officer of the Commonwealth.’ In Plaintiff S157/2002 v The Commonwealth, the High Court held that s 75(v) of the Constitution entrenched a minimum provision of judicial review. The preservation of a minimum provision of judicial review means that legislative restrictions on the High Court’s s 75(v) jurisdiction are severely limited. The Court has made it clear that intrusion upon this minimum provision of judicial review is a question of substance and therefore degree. The privative clause, the historically preferred weapon of choice to limit judicial oversight, has been rendered largely ineffective by ‘creative’ approaches to interpretation. A consequence of the ineffectiveness of privative clauses has been the rise in the use of no-invalidity clauses. A no-invalidity clause is a provision in legislation that preserves the validity of a decision despite failure to adhere to the requirements in the legislation. By making a claim as to the validity of a decision, despite non-compliance with legislative requirements, the no-invalidity clause attempts to bring errors made by an administrative decision maker within jurisdiction. Classifying legal errors as non-jurisdictional arguably circumvents the exercise of the High Court’s s 75(v) jurisdiction to conduct judicial review, which is only available to correct jurisdictional errors of law. This would, at least superficially, appear to impede the jurisdiction of the High Court to conduct judicial review under its s 75(v) jurisdiction, at least in substance.
In the 2008 High Court decision of Federal Commissioner of Taxation v Futuris Corporation Ltd, the High Court gave effect to a broad no-invalidity clause in s 175 of the Income Tax Assessments Act 1939 (Cth). Section 175 purported to make an income tax assessment valid notwithstanding any failure to adhere to the requirements laid out in the legislation. This conclusion is difficult to reconcile with the High Court’s broader jurisprudence on s 75(v), notably, the intention of the Court to look to substance and not form. However, an exploration of the High Court’s jurisprudence on the entrenched minimum provision of judicial review reveals that these concerns may be misguided. This thesis will explore key case law surrounding privative and no-invalidity clauses with the hope of rationalising the underlying approach that lends meaning to the minimum provision of judicial review. Once this is achieved, a more complete picture of the High Court’s decision in Federal Commissioner of Taxation v Futuris Corporation Ltd, and the approach to no-invalidity clauses generally, can be better understood.
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Ward, Helen. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
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Tissier-Raffin, Marion. "La qualité de refugié de l’article 1 de la Convention de Genève à la lumiere des jurisprudences occidentales : (Australie – Belgique – Canada – Etats-Unis – France – Grande-Bretagne – Nouvelle-Zélande)." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100092.
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Plus de soixante ans après sa signature, qui sont les personnes bénéficiaires de la qualité de réfugié au sens de l’article 1A de la Convention de Genève relative au statut de réfugié de 1951? En effet, si cette convention compte parmi les plus ratifiées au monde et n’a jamais été remise en cause, celle-ci fait pourtant l’objet de polémiques croissantes portant sur sa capacité à protéger les personnes contraintes de s’exiler. Elle s’applique par ailleurs dans un contexte politique de suspicion grandissante à l’égard des demandeurs d’asile. On peut donc se demander qui sont aujourdh’ui les personnes qui se voient reconnaître la qualité de réfugié ? A cette fin, l’étude s’appuie sur une analyse comparée des jurisprudences de plusieurs pays occidentaux : Australie – Belgique - Canada - Etats-Unis - France – Grande-Bretagne – Nouvelle-Zélande. Elle s’appuie aussi sur une analyse systémique de l’article 1A et ses interprétations jurisprudentielles à la lumière des évolutions du droit international des droits de l’homme et du droit international humanitaire. Ainsi, l’analyse met en lumière plusieurs points. Plus que les motifs invoqués ou la nature des mauvais traitements craints, c’est sur le caractère individuel ou collectif des persécutions que se dessine une ligne de fracture entre les Etats occidentaux. En effet, ces derniers ont, de manière convergente, fait évoluer leur interprétation de la qualité de réfugié quand les requérants invoquent des persécutions individuelles. C’est ainsi que les individus craignant d’être persecutés en raison de l’expression de leurs opinions politiques ou religieuses dissidentes, ou du libre exercice de leurs droits fondamentaux, quel que soit leur genre ou leur orientation sexuelle, se voient aujourd’hui communément reconnaître la qualité de réfugié. Dans le cadre de ces persécutions individuelles, les Etats ont aussi développé de manière convergente une interprétation assouplie des agents de persécution, acceptant ainsi de protéger les personnes fuyant des mauvais traitements perpétrés par des agents étatiques et des personnes privées. En revanche, il existe encore de nombreuses divergences entre les Etats lorsque les individus revendiquent fuir des persécutions collectives. S’appuyant sur la reconnaissance d’une interprétation plus ou moins individualiste de la qualité de réfugié, les personnes craignant d’être persécutées en raison de leur race, de leur nationalité ou de leur appartenance à un groupe religieux ne doivent pas satisfaire aux mêmes exigences pour se voir reconnaître la qualité de réfugié. Et dans le contexte actuel où de plus en plus de personnes fuient des persécutions collectives perpétrées dans un Etat en situation de conflit armé, ces divergences sont d’autant plus importantesSixty years after its signatory, who can be qualify as a refugee under the 1951 Refugee Convention relating to the Status of Refugee ? If it is one of the most ratified treaty of the world, it’s relevance have nevertheless recently been questioned and some commentators don’t hesitate to speak of an outdated Convention. Moreover, it applies in a political context of clear suspicion against asylum-seekers. So, we can wonder who can nowadays qualify as a refugee among the million of persons fleeing their home ? To answer to this question, the study focuses on judicial review of many industrialized countries, such as Australia – Belgium – Canada – United States – France – Great-Britain and New Zealand. A systemic interpretation of Article 1A and its judicial interpretation in the light of both international human right law and international humanitarian law also helps to conduce the study. First, the analyse reveals that it is not on the motives of persecution neither the nature of the treatment feared that we can observe similarities or differences between the countries. It is on individual or collective persecutions. When asylum seekers look for international protection based on individual persecutions, States have commonly adopted a dynamic interpretation of article 1A . Persons who have a well-founded fear of being persecuted because they have freely express their dissent political or religious opinion, their sexual orientation, or because they refuse to conform to the roles and identities attributing to their gender, can be recognised as refugees in all the countries of the study. In the context of individual persecutions, States have also commonly developed an evolutive interpretation of the persecution agents. They protect all the persons who risk to be persecuted by state agents or non-state agents. On the contrary, there are many continuing and growing divergences between States when persons flee collective persecutions because of their race, their nationality of their belonging to a religious group. They keep on developing a different interpretation of the individualist definition of the refugee. And while more and more person ask for international protection because they flee collective persecutions during an armed conflict, these divergences are even more important
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Roberts, Heather Jan. "'Fundamental constitutional truths' : the constitutional jurisprudence of Justice Deane, 1982-1995." Phd thesis, 2007. http://hdl.handle.net/1885/109952.
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Justice Deane was a member of the High Court from 1982 until 1995. This thesis
examines Deane's constitutional jurisprudence during this period and argues
that his decisions were permeated by themes and principles forming a coherent
vision of the Constitution and its interpretation. Although voiced most fully in
Theophanous v Herald and Weekly Times (1994) 182 CLR 104, Deane's
constitutional vision was evident from his earliest High Court decisions.
Central to Deane's constitutional philosophy was his concept of 'the people'.
Deane regarded 'the people' as the source of legal authority of the Constitution,
and the Constitution as ultimately concerned with their governance and
protection. Although Deane recognised the importance of representative
democracy as a fundamental commitment of the Constitution, it was the Court,
and judicial process, that for Deane was the most important guarantee of
individual liberty. Consistent with this understanding of the role of the Court,
Deane's jurisprudence favoured rights-sensitive interpretations of the
Constitution's text, including the development of a number of innovative, and
controversial, implied constitutional rights. These features of Deane's
constitutional jurisprudence, matched with his reliance on broad and flexible
interpretive principles in constitutional interpretation, challenged orthodox
assumptions of the legitimate limits on judicial review in the Australian
constitutional system. In the years since Deane's departure from the Court the concept of 'the people'
as the source of the Constitution's authority has gained wide acceptance. Few
have also accepted Deane's bold vision of the Court's duty to protect the
fundamental rights of 'the people' from legislative interference. Until this
aspect of Deane's constitutional vision is adopted, some of his more
controversial interpretations of the Constitution are unlikely to gain the
acceptance of a majority of the Court. However, much of Deane's jurisprudence
displays his reliance on his distinctive concept of 'the people' to support the
application of both established principles of constitutional interpretation and a number of innovative interpretive principles to derive moderate conclusions on
the meaning and effect of the Constitution. For this reason, Deane's
jurisprudence contains many fresh and compelling answers to questions
regarding the meaning of the Constitution in contemporary Australia.
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Hall, Katherine Helen. "Mind the gap : psychological jurisprudence and the professional regulation of lawyer dishonesty." Phd thesis, 2011. http://hdl.handle.net/1885/151226.
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This thesis considers the role of professional regulation in disciplining lawyer dishonesty. It defines dishonesty as acts done, whether at the suggestion of a partner, a client or another lawyer, that enable a client to act dishonestly. In particular, it focuses upon the professional norms, practices and rules that regulate large firm lawyer misconduct in Australia. As the size and sophistication of law firms has grown, so too has evidence of lawyers being complicit in the dishonest actions of their clients. This thesis examines how lawyers working within these environments navigate the practical and psychological challenges of acting honestly for their clients. It undertakes a theoretical inquiry into both the importance of lawyer honesty and the often conflicting norms and pressures of large firm practice . It also draws upon research in cognitive and social psychology to develop an empirically-grounded framework for lawyers' decisions to act dishonestly. In particular, it focuses upon the role of rationalisations in encouraging a pragmatic approach to clients' dishonest acts, especially in the context of the complexities and ambiguities of commercial legal practice. In the continuing absence of a national regulatory scheme governing the legal profession in Australia, the thesis focuses upon the disciplinary system operating in New South Wales and undertakes a theoretical inquiry into the importance of regulating lawyer dishonesty and an empirical study of NSW disciplinary cases to understand how lawyer dishonesty is dealt with by the professional and regulatory bodies in that state. It shows that significant gaps exist in the current regulatory scheme, particularly in the context of "who" disciplinary actions are brought against, "what" misconduct actions are for and "how" practitioners are dealt with. It argues that these gaps undermine the legitimacy of the regulatory anddisciplinary systems, which have as their goal providing a consistent scheme for the regulation of lawyers and the enforcement of standards of competence and honesty across the legal professlon. Finally, the thesis considers whether the regulatory regime governing professional misconduct in NSW can be effectively used to improve the standard of large firm lawyer honesty. It argues "yes" and suggests that three regulatory responses are required: firstly, normative issues need to remain at the centre of the regulation of professional misconduct; secondly, all law firms should be subject to the requirement to implement appropriate management systems and finally, specific provisions should be introduced to impose liability on large firm lawyers who assist their clients to act dishonestly.
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Gray, Rachael. "The constitutional jurisprudence of the High Court of Australia : legalism, realism, pragmatism, judicial power and the Dixon, Mason and Gleeson eras." 2007. http://hdl.handle.net/2440/57102.
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Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library."The thesis of this dissertation is that the Gleeson High Court is a largely a-theoretical Court, in that the judicial decisions of the Court are characterised by a low-level of abstraction, and the Gleeson Court does not theorise at length about the reasons for adopting a particular judicial approach. This approach distinguishes the Gleeson Court from the realist based jurisprudence of the Mason Court, which articulated the relevance of legal theory and tended to make statements of wide legal principle. The approach of the Gleeson Court also diverges from Dixonian legalism, which the analysis presented in this thesis will establish is a theoretical form of legalism." --p. 4.
http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1297203
Thesis (Ph.D.) -- University of Adelaide, Law School, 2007
Books on the topic "Jurisprudence – Australia"
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Compromised jurisprudence: Native title cases since Mabo. 2nd ed. Canberra: Aboriginal Studies Press, 2009.
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Strelein, Lisa. Compromised jurisprudence: Native title cases since Mabo. 2nd ed. Canberra: Aboriginal Studies Press, 2009.
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Kate, Auty, and Toussaint Sandy, eds. A jury of whose peers?: The cultural politics of juries in Australia. Crawley, W.A: University of Western Australia Press, 2004.
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David, Weisbrot, and Opeskin Brian R, eds. The Promise of law reform. Annandale, N.S.W: Federation Press, 2005.
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The land is the source of the law: A dialogic encounter with indigenous jurisprudence. New York: Routledge, 2011.
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1955-, Moran Leslie J., ed. Law's moving image. London: Cavendish Pub., 2004.
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Bottomley, Stephen. Law in context. Leichardt, N.S.W: Federation Press, 1991.
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Bottomley, Stephen. Law in context. Leichhardt, NSW: Federation Press, 1994.
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Winter journey: A novel. London: Fourth Estate, 2005.
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Braithwaite, John. Regulating aged care: Ritualism and the new pyramid. Cheltenham, UK: E. Elgar, 2007.
Find full textBook chapters on the topic "Jurisprudence – Australia"
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Hill, Lisa, Max Douglass, and Ravi Baltutis. "Why Australia Is a Great Place to Start: The Implied Freedom of Political Communication and TIPA Laws." In How and Why to Regulate False Political Advertising in Australia, 45–56. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_5.
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AbstractIn this chapter we show that the Australian constitutional and jurisprudential approach to political speech, as embodied in the implied freedom of political communication, makes Australia a uniquely congenial setting for TIPA laws and the type of burden they place on political speech. This is reflected in a range of High Court decisions as well as the fact that the Supreme Court of South Australia has upheld the constitutionality of the South Australian TIPA law based on Australian implied freedom of communication jurisprudence. Our exploration of these decisions and their broader context throws light on how such a freedom is supposed to work and is constituted. Notably, the Courts have achieved a balance in the ‘freedom-fairness’ trade-off, and indicated that they consider TIPA laws, in constraining some political speech, as tipping the scales towards ‘fairness’ without at the same time unduly impacting freedom. We end the chapter by summarising our argument so far.
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Bruce, Alex. "Present & Future Jurisprudence of Consumer Protection and Food Law in Australia." In International Food Law and Policy, 971–1000. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-07542-6_40.
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Hill, Lisa, Max Douglass, and Ravi Baltutis. "Disinformation as a Democratic Collective Action Problem or Why a Legal Solution Is Warranted." In How and Why to Regulate False Political Advertising in Australia, 23–32. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_3.
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AbstractIn this chapter we explore how false election information violates democratic values; in other words, we examine the extent to which and the manner in which false election information impugns the legitimacy of Australian elections, and in particular, the democratic legitimacy criteria of ‘effective participation’ and ‘enlightened understanding’. These criteria are central pillars of the free speech condition that enables any authentic democracy to function properly. Because there are few incentives to desist from polluting the election information environment and also because of the significant social costs it entails, the problem should be approached as a collective action problem rather than as an issue of individualised rights. This distinction is consistent with jurisprudence on the freedom of political communication implied in the Australian Constitution and endorsed in multiple judgements, as we show in detail in Chapter 5. We conclude this chapter by arguing that compulsory voting places an extra duty on the Australian state to ensure that voting takes place in a relatively clean information environment.
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Beat Graber, Christoph. "Wanjina and Wunggurr: The Propertisation of Aboriginal Rock Art under Australian Law." In Sociological Jurisprudence. Commemorative Publication in Honor of Gunther Teubner’s 65th Birthday on 30 April 2009, 275–98. Berlin, New York: de Gruyter Recht, 2009. http://dx.doi.org/10.1515/9783899496352.2.275.
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"Subjects of jurisdiction: The dying, Northern Territory, Australia, 1995–1997." In Jurisprudence of Jurisdiction, 214–34. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9780203945483-21.
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Patrick, Emerton. "Part I Foundations, Ch.6 Ideas." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0007.
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This chapter sets out some key political ideas that underpin the Australian Constitution. Australia has a somewhat distinctive constitutional culture. It has a rigid, written Constitution of long standing and that is frequently litigated. As a result, there is a flourishing constitutional jurisprudence. However, with a handful of exceptions, the Constitution, and ideas around constitutional values or ideals, play relatively little role in Australian public and political debate. This has generated a sense of the Constitution itself as a prosaic, even arid, legal text. This chapter presents a counterpoint to such perceptions. It also shows how a technical document that has operated within, and to some extent strengthened, a legalistic constitutional jurisprudence, can be understood to be a source of affirmative constitutional value to which that jurisprudence gives genuine expression.
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Michael, Crommelin. "Part VI Federalism, Ch.35 The Federal Principle." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0036.
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This chapter seeks to determine the content of the federal principle in Australia from the historical context of the Constitution, the text and structure of the Constitution, and the jurisprudence of the High Court of Australia. The federal principle is a foundational element of the Constitution, along with representative democracy, responsible government, separation of judicial power, and the rule of law. The Commonwealth of Australia Constitution Act 1900 (UK) provided for the people of the six Australian colonies to be united in ‘a Federal Commonwealth under the name of the Commonwealth of Australia’, a self-governing polity within the British Empire. Hence, the chapter reveals three core ingredients of the federal principle: multiple polities, limited authority of polities, and reciprocal responsibility among polities. These ingredients are tightly intertwined.
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Walker-Munro, Brendan. "Use of Big Data Analytics by Tax Authorities." In Legal Regulations, Implications, and Issues Surrounding Digital Data, 86–110. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-3130-3.ch005.
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This chapter provides a thematic analysis for the Australian context of the legality and challenges to the use of big data analytics to identify risk, conduct compliance action, and make decisions within the tax administration space. Recent federal court jurisprudence and research is discussed to identify common themes (i.e., privacy/opacity, inaccuracy/bias, and fairness/due process) currently influencing the legal treatment of big data analytics within the tax administration and compliance environment in Australia.
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Walker-Munro, Brendan. "Use of Big Data Analytics by Tax Authorities." In Research Anthology on Big Data Analytics, Architectures, and Applications, 1388–412. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-6684-3662-2.ch067.
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This chapter provides a thematic analysis for the Australian context of the legality and challenges to the use of big data analytics to identify risk, conduct compliance action, and make decisions within the tax administration space. Recent federal court jurisprudence and research is discussed to identify common themes (i.e., privacy/opacity, inaccuracy/bias, and fairness/due process) currently influencing the legal treatment of big data analytics within the tax administration and compliance environment in Australia.
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Elisa, Arcioni. "Part III Themes, Ch.14 Citizenship." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0015.
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This chapter examines the uneasy relationship between the Australian Constitution and membership of the Australian polity. Unlike some constitutions, the Australian Constitution contains no mention of ‘citizenship’. Instead, formal membership of the Australian community is determined by reference to the constitutional categories of ‘subjects of the Queen’ and ‘people of the Commonwealth’ and through the legislative definition of citizenship under federal law. These peculiar features of the Australian context reflect what is generally assumed to be the modest role of the Constitution in determining national identity and the fact that Australia was not an independent nation at the time of the Constitution's drafting. Developments in legislation, constitutional jurisprudence, and mooted constitutional amendments all point towards a greater role for the Constitution in determining Australian ‘citizenship’ in the future.