Letteratura scientifica selezionata sul tema "Justice, Administration of Australia"
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Articoli di riviste sul tema "Justice, Administration of Australia"
1
O’Brien, Wendy, e Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, n. 2 (3 maggio 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.
Testo completoAbstract (sommario):
Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.
2
Jiang, Zhou. "The relationship between justice and commitment: the moderation of trust". Asia-Pacific Journal of Business Administration 7, n. 1 (7 aprile 2015): 73–88. http://dx.doi.org/10.1108/apjba-02-2014-0022.
Testo completoAbstract (sommario):
Purpose – The purpose of this paper is to examine whether distributive justice interacts with procedural justice to influence affective commitment; whether organizational trust moderates the relationships of affective commitment with these two justice perceptions; and whether organizational trust moderates the interactive effect of justice perceptions on affective commitment. Design/methodology/approach – This study administered both paper and online surveys to university employees from China, South Korea, and Australia, obtaining 706 usable responses from 65 universities. Hierarchical regressions were employed to test hypotheses for each country. The patterns of results were compared across nations. Findings – It was found that in Australia, but not in South Korea and China, distributive justice interacted with procedural justice to influence affective commitment. Results also revealed that in Australia, organizational trust moderated the relationship between affective commitment and distributive justice but not the relationship between affective commitment and procedural justice. By contrast, in South Korea and China, organizational trust had no moderating effect on justice-commitment relationships. Research limitations/implications – Although this study was limited due to the use of self-report data and the focus of a single type of organization, it provides relatively new cross-cultural evidence regarding justice effects and the role of trust in the Asia Pacific region. Originality/value – This study is among the first to provide empirical evidence of a moderating effect of trust on justice-outcome relationships. It is also one of the first to cross-culturally investigate the interactive effect of distributive justice and procedural justice, with an additional focus on trust’s moderation role.
3
Stewart, Pamela, e Anita Stuhmcke. "Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia". Federal Law Review 48, n. 2 (3 marzo 2020): 186–213. http://dx.doi.org/10.1177/0067205x20906031.
Testo completoAbstract (sommario):
This article examines the application of the rule of law to special leave to appeal applications (‘SLAs’) in the High Court of Australia. SLAs are a fusion of administrative and judicial power. As an administrative tool, determinations of SLAs are a workload filter, limiting the appeals heard by the Court. As an exercise of judicial power, SLA determinations have significant impact upon the parties to litigation and the development of substantive law. Presenting the findings of data analysis of the determination of SLAs in the High Court of Australia from 2013 to 2015, we identify the loss of publicly available information brought about by changes to the High Court Rules in 2016. Using this evidence, we argue that the current administration of SLAs preferences efficiency to the detriment of public confidence in the administration of justice. We suggest facilitating the rule of law through publication of the written submissions for SLAs.
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GOODIN, ROBERT E. "Temporal Justice". Journal of Social Policy 39, n. 1 (18 settembre 2009): 1–16. http://dx.doi.org/10.1017/s0047279409990225.
Testo completoAbstract (sommario):
AbstractDistributive justice is ordinarily calibrated in monetary terms. But money is not the only resource that matters to people. Talk of the ‘work−life balance’ points to another: time. Control over one's time, the capacity to spend it as one wishes, is another important resource; and its distribution raises another important aspect of justice. Here I describe a new method of distinguishing how much time one has discretionary control over, net of the amount it is necessary to spend in certain ways given one's circumstances. To draw out the distributive-justice implications of these calculations, I contrast the most-to-least privileged, in terms of discretionary time: a person in a dual-earner couple with no children, versus a lone mother. The magnitude of the gap between the discretionary time enjoyed by the best and worst is a measure of temporal injustice. That gap is substantially larger in some countries (such as the US and Australia) than in others (such as Finland and Sweden). Conventional welfare-state interventions – tax and transfer systems, support for child care – contribute pretty similarly to reducing that particular gap across all the countries examined. Differing practices surrounding the dissolution of marriages with children potentially makes a much bigger difference. Differing labour-market policies might make a similarly large difference yet again.
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Ripoll González, Laura, e Fred Gale. "Place Branding as Participatory Governance? An Interdisciplinary Case Study of Tasmania, Australia". SAGE Open 10, n. 2 (aprile 2020): 215824402092336. http://dx.doi.org/10.1177/2158244020923368.
Testo completoAbstract (sommario):
Research in both public administration and place development has identified a need to develop more participatory approaches to governing cities and regions. Scholars have identified place branding as one of several potential policy instruments to enable more participatory place development. Recently, academics working in diverse disciplines, including political studies, public administration, and regional development have suggested that an alternative, bottom-up, more participatory approach to place branding could be employed. Such an interdisciplinary approach would use iterative communication exchanges within a network of diverse stakeholders including residents to better foster stakeholder participation, contribute to sustainable development, and deliver substantive social justice and increased citizen satisfaction. Building on this research and using an exploratory, qualitative, case-study methodology, our aim was to observe and analyze such interactions and communicative exchanges in practice. Drawing on the experience of the Australian state of Tasmania, we studied stakeholder reactions to the participatory place branding approach. We found that although participants were initially skeptical and identified many barriers to implementing participatory place branding, they simultaneously became excited by its possibilities and able to identify how many of the barriers could be transcended.
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Humphrys, Elizabeth. "Global Justice Organising in Australia: Crisis and Realignment after 9/11". Globalizations 10, n. 3 (giugno 2013): 451–64. http://dx.doi.org/10.1080/14747731.2013.787772.
Testo completo
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Rogers, Owen. "‘I beg to differ’: Are our courts too agreeable?" South African Law Journal 139, n. 2 (2022): 300–339. http://dx.doi.org/10.47348/salj/v139/i2a4.
Testo completoAbstract (sommario):
If dissenting judgments perform a valuable function in the administration of justice, too little dissent may indicate that the administration of justice is not reaping the benefits of dissent. South Africa belongs to the common-law tradition, which has always allowed dissenting judgments. The civil-law system traditionally did not, and this is still the position in many countries. In the modern era, considerations of transparency and accountability favour the disclosure and publication of dissenting judgments. Although they can play a role in the development of the law, their most valuable function is to improve the quality of judicial output by requiring majority judgments to confront the dissenting judgments’ reasoning. Factors which may affect the extent of dissent in appellate courts include case complexity and control over rolls; panel sizes; judicial diversity, personality and turnover; court leadership; research resources; modes of judicial interaction; and protocols on the timeliness of judgments. Data on dissent in South Africa’s Constitutional Court, Supreme Court of Appeal and Labour Appeal Court, as well as in the United Kingdom, Australia, Canada and the United States, suggest that there is less dissent in our intermediate appellate courts than might be expected. Changes in work procedures could yield a healthier pattern.
8
Hogg, Russell. "‘Only a pawn in their game’: crime, risk and politics in the case of Robert Fardon". International Journal for Crime, Justice and Social Democracy 3, n. 3 (1 dicembre 2014): 55–72. http://dx.doi.org/10.5204/ijcjsd.v3i3.152.
Testo completoAbstract (sommario):
In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).
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Mulyono, Mulyono, Manotar Tampubolon e Serirama Butarbutar. "Perbandingan Penyelesaian Keberatan dan Banding Pajak di Amerika Serikat, Australia dan Indonesia". Jurnal Syntax Admiration 5, n. 7 (16 luglio 2024): 2825–40. http://dx.doi.org/10.46799/jsa.v5i7.1215.
Testo completoAbstract (sommario):
The research was conducted using normative legal research methods, which were carried out through literature research and literature studies and the approach used in conducting this research was a statutory approach and a conceptual approach, to elements in the tax law system. The research found that the position of the Fiscus in Indonesia which has absolute power in determining the amount of tax and decisions on taxpayer objections according to Law Number 28 of 2007 does not provide fair legal certainty and does not reflect the principle of equal legal position as stipulated in Article 27 paragraph (1) of the 1945 Constitution, because of the risk of tax penalties of 30% to 100% due to defeat in objections and appeals. Unlike the United States, which has three tax courts with FOI principles, and Australia, which provides neutral mediation through the ATO and internal and external settlement channels, Indonesia needs to improve fiscal justice by fulfilling taxpayers' rights such as the rights to information, guidance, hearing, appeal, certainty, privacy, and confidentiality. The principles of fairness, effectiveness, and ease of administration are important to increase tax capacity and ensure taxpayers can carry out their obligations properly.
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Vilchyk, Tetyana. "DUTIES OF A LAWYER TO A COURT AND TO A CLIENT". Russian Law Journal 6, n. 4 (1 novembre 2018): 62–99. http://dx.doi.org/10.17589/2309-8678-2018-6-4-62-99.
Testo completoAbstract (sommario):
The article provides a comparison of legislation of the United States, Australia, the EU and Ukraine regulating the legal status of a lawyer in the administration of justice mechanism, as well as an analysis the correlation of his duties to the court and to the client. The author recommends that a lawyer not act in a manner that best serves the interests of the client since this will put the course of justice and public confidence in the profession in a vulnerable position; attorneys have to inform clients that their duty to the court is of paramount importance. In case of improper performance of their professional duties, lawyers should be brought not only to corporate liability (disciplinary liability, which is established by the legislation of Ukraine), but also to the civil law (property) liability that is proposed to be established. It is necessary for Ukraine to introduce insurance institution against a lawyer’s property liability as a means of minimizing the negative consequences for a lawyer, assuming such liability results from an error and such lawyer is obliged to compensate the harm caused to the client.
Tesi sul tema "Justice, Administration of Australia"
1
Cockram, Judith. "Justice or differential treatment? : Adult offenders with an intellectual disability in the criminal justice system". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2000. https://ro.ecu.edu.au/theses/1532.
Testo completoAbstract (sommario):
The purpose of the study was to present a thorough examination of the extent of participation of adult offenders with an intellectual disability within all levels of the criminal justice system in Western Australia, that is, from arrest to charge, to court appearance and finally to conviction. Western Australia provides a unique opportunity to examine the operations of the criminal justice system, because it possesses comprehensive computerised data sources on offenders, and by utilising the State central register on people with disabilities; it was possible to include in the study a significant proportion of those people with an intellectual disability in Western Australia. The study was a longitudinal study over a ten-year period where it was possible to examine all levels of the criminal justice system, that is, from arrest to court appearance and finally to conviction and possible detention. In examining the different outcomes, it was also possible to control for the number and types of offences committed by first time offenders. In addition, the available data provided the opportunity to study the rate of recidivism of people with an intellectual disability compared with other offenders. Eight hundred and forty three individuals with an intellectual disability were tracked through the justice system and their experiences were compared with two thousand four hundred and forty two other offenders. At the first stage of the justice process, namely arrest, the study found that people with an intellectual disability were no more likely to be arrested and charged with a criminal offence than others within the general population. However, once they entered the system, they were subsequently rearrested at nearly double the rate compared with the non-disabled sample. In addition, it was found that there was substantial disparity in the offending profiles, at arrest, between the two groups. A notable finding was the difference in the charge pattern over time. Not only were people with an intellectual disability charged more often, they were charged at a far greater rate over the latter part of the study period, while arrests for the non-disabled sample were about the same over the two five year periods. It is suggested that the higher incidence of arrests during the period 1990-1994, may offer support for the view that the rise of arrests of people with an intellectual disability within the criminal justice system, has corresponded with the deinstitutionialisation of state facilities. At the next stage of the justice process, formal prosecution in the court, it was found that people with an intellectual disability appear to be treated differently in the types of penalties imposed, and the different penalties imposed for similar offences. It was also found that differing uses were made of alternatives to imprisonment. An important aspect of the study of offenders with an intellectual disability is the prevalence of recidivism. A considerably higher probability of re-arrest was found for offenders with an intellectual disability compared with other offenders, and the study canvassed several explanations for this higher recidivism rate. The conclusion of this study is that explanations of psychological and sociological disadvantage or the susceptibility hypothesis which have been put forward as possible reasons for people with an intellectual disability being over-represented in prison populations are not sufficient to account for the findings of this study. The fact that different outcomes were experienced by people with an intellectual disability as they proceeded through the criminal justice system is not inconsistent with the different treatment hypothesis. In addition there is strong evidence to suggest that the equality of services is a critical factor relevant to the rate of recidivism. A service model is recommended to assist in reducing the high rate of re-arrest of people with an intellectual disability.
2
Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity". Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.
Testo completo
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Bolitho, Jane Johnman Social Science & Policy UNSW. "Creating space for young people, dialogue and decision making : youth justice conferencing in New South Wales Australia". Awarded by:University of New South Wales. Social Science and Policy, 2005. http://handle.unsw.edu.au/1959.4/20780.
Testo completoAbstract (sommario):
Juvenile justiceAdministration ofNew South Wales.Juvenile delinquentsRehabilitationThis study examines the process of Youth Justice Conferencing in New South Wales within the context of the theory and aims of the restorative justice movement. Analysis of relevant literature and theory suggests that restorative justice is a broad and encompassing movement that entails a decision making process where victims, communities and offenders come together in a joint response to an offence. Although this breadth has allowed and encouraged a proliferation of programs that respond to particular needs and particular demands of culture and social context, the consequence is that both understandings and practices of restorative justices are variable. When theoretical understandings are so varied there will necessarily be a lack of commonality in the way principles are articulated. If practice is not linked directly to principled theory it is inevitable that processes will be vulnerable at all levels to the interaction between context, situations and participant characteristics that may easily deflect the focus from the true purpose of restorative justice. This thesis attempts to clarify the restorative principles relevant to the NSW program with reference to Braithwaite and Pettit???s republican theory (1990) and their notion of dominion. In turn these principles are used to identify five practical elements to be used as a framework to guide youth conferences. Such a framework highlights potential areas for improvement in conference preparation and practice. A case study approach was used to collect data and involved the observation of eighty five Youth Justice Conferences in three New South Wales conferencing regions. As well, one hundred and fifty two currently practising Youth Justice Conferencing practitioners (Police, Conveners, Managers) in New South Wales completed a mail out questionnaire. Findings from the study suggest that conference processes are influenced by the presence or absence of five particular elements: the attendance of victims, the attendance of communities, the attendance of offender support, reparation to victims, communities and offenders and the experience of non-domination during the conference space. However, findings also suggest that ???situational??? factors may mediate these key elements to enhance or compromise the overall process. This thesis suggests that many of the issues arising in NSW conferences result from the failure to articulate the links between restorative justice theory and practice. While in NSW such links may intentionally have been unarticulated in order to encourage a freedom within the process, in reality the lack of clarification has led to a freedom in discretion that sometimes diminishes the chance of success. Therefore it proposes the need for a more articulated translation of theory into principles that will in turn frame practice. In this way the thesis uses the normative theory proposed by Braithwaite and Pettit (1990) to provide an explanatory and ideal framework for best practice in NSW Youth Justice Conferencing.
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McKillop, Dianne R. "Principles in public reasoning about criminal justice : victim vulnerability, trust, and offender status". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1035.
Testo completoAbstract (sommario):
It is popularly assumed that the public is highly punitive toward criminal offenders and that its reasoning about criminal offences is emotionally and morally based. This assumption has been challenged by social scientists who cite influences of news media and methodological flaws in empirical studies as contributing causes. Public sentiment is a basis for law and the increasing responsiveness of legislator to what is perceived to be public opinion on crime means that accurate information on enduring principles in the public's intuitive reasoning about criminal justice is vital. An initial exploratory study (N = 34) presented members of the public with descriptions of emotionally and morally provocative offences, morally indignant reactions and the assignment of punishments that were disproportionate to the objective harm caused by the offences indicated aspects of offences and associated reasoning principles that were worthy of further, experimental investigation. Important principles appeared to be breach of trust by an offender in a position of trust and the vulnerability of victims. A second study (N = 348) examined the influence of these two variables in a 3 x 3 (offender position of trust x victim vulnerability) between-subjects experiment. Findings confirmed that victim vulnerability exacerbates the public's condemnation of offences in a more prosaic offence. However the results also showed that an offender who occupied a highly trusted position in society was not more highly condemned than offenders in less trusted positions. In addition to the finding that the highly trusted offender was perceived to be significantly less in need of a punishment aimed at individual deterrence, this finding led to a hypothesis that his high status may have protected him from public sanction. It was also concluded that the type of trust whose violation the participants of the initial study strongly condemned may have been the trust that is inherent in relationships, rather than in social positions. Survey research (N1 = 192, N2 = 237) provided an empirical basis for unconfounded representations of status and trust in further investigations. Doctors, lawyers and police officers were selected as exemplars of various levels of trust and status. A subsequent experimental study (N = 122) manipulated offenders' trust and status, and the existence of a professional relationship between the offender and victim in a 3 x 2 between-subject design. Results indicated that the existence of a professional trust relationship interacted with the status and position of trust of an offender in their effect on public condemnation. The high status of an offender became a liability in terms of condemnation when that offender also had a professional relationship with his victim, but only when the offender occupied a trusted position in society. The same study indicated that, in an offence where no professional relationship with the victim existed, high status offered a significant degree of protection from a punishment aimed at general deterrence. It was concluded that, although concerns for victim vulnerability are ubiquitous in the public's reasoning about criminal justice, trust is a principle that is applied complexly and which interacts with offender status and offender-victim relationship. The public's responses to criminal offences are both more complex and more rational than is widely believed. The variability found in the data collected for this series of studies indicated that criminal justice researchers must be cautious in assuming consensus in public evaluations of offences and its reasoning about deserved punishment.
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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.
Testo completoAbstract (sommario):
Thesis (LLM )--Stellenbosch University, 2011.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.
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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Downe, Kristy. "Exploration of perceptions of justice amongst secondary victims of sexual crime". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2007. https://ro.ecu.edu.au/theses/256.
Testo completoAbstract (sommario):
Justice is a key concept upon which society is built. Different interpretations of justice, and disagreements over what it demands, continue to complicate its meaning and application. Though academic and public discourse has added to knowledge as to what justice represents, developing an understanding of justice from the view of "everyday people" has important empirical and clinical implications. It is argued here that research grounded in people's lived experience yields a more comprehensive picture of justice in terms of how the concept is structured and secondly, how its meaning varies between individuals. Such knowledge can be used to develop judicial and community policies/services better suited to community needs. This research focused on perceptions of justice amongst family and friends of victims (secondary victims) of sexual assault or abuse. Evidence suggests that secondary victims are affected by victimisation similar to direct victims and furthermore, are important to direct victims' recovery. Sexual crime also represents an important form of crime in that it constitutes a particularly serious violation of personal boundaries. A grounded theory approach to empirical inquiry was adopted in this research in keeping with the emphasis on exploration and lived experience. Data was collected over 2 interrelated studies. In Study 1, 20 participants completed a pen-and-paper questionnaire. In Study 2, which constituted the main study, 29 participants took part in semi-structured interviews. Analysis revealed that a sense of justice emerged out of themes/concepts covering two major areas: the experience of victimisation and secondly, beliefs about justice per se. Victimisation impacted on participants similar to how contact with traumatised individuals results in secondary trauma in some carers, health professionals, and similar support figures. Justice themes/concepts relevant to participants overlapped with elements represented in procedural and retributive theories of justice, as well as centring on concepts, such as healing and recognition, which fall outside of traditional justice theory. Participants sought "good enough" rather than absolute justice and relatively few participants believed good enough justice had been achieved in their situation. Overall, findings indicated that justice is expressed and realised in different ways between individuals despite clustering around common themes/concepts.
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Bedells, Stephen J. "Incarcerating Indigenous people of the Wongatha lands in the Eastern Goldfields of Western Australia : Indigenous leaders’ perspectives". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2010. https://ro.ecu.edu.au/theses/137.
Testo completoAbstract (sommario):
The Wongi
people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their perceptions of the incarceration system. They indicated that prison is being applied too frequently for minor offences, does little to prevent further offences and has a profound negative socio-economic impact on inmates’ partners and children. The negative impact was also exacerbated when Wongi prisoners are transferred 600 kilometres out of their country to Perth because the local prison is overcrowded. The Wongi leaders who were interviewed believe that the criminal justice system lacks the moral authority to deal with their people fairly and punishes inmates’ families more so than the offender. According to the Wongi leaders, the incarceration system could be improved by using the cultural practice of shaming and targeting training more effectively so that prisoner skill sets were identified and enhanced to improve employment chances and a reduction in recidivism. By using these strategies, the criminal justice system would increase the deterrent effect of incarceration, decrease the rate of recidivism, and improve the Wongi perception of the system.
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Askam, Tina. "A study of walking and walkability through a spatial justice/spatial practice framework, in Maylands, Western Australia". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2017. https://ro.ecu.edu.au/theses/1966.
Testo completoAbstract (sommario):
Recent studies have focused on the benefits of walking to health, wellbeing, creativity and social capital. However, apart from select ethnographic observations on walking as a distinct spatial practice (J. Lee & Ingold, 2006), there is a paucity of studies that investigate the ways in which walkers and space interact. Most importantly, there has been a distinct lack of attention to pedestrian perspectives and experiences in theory and in policy on walkability (Middleton, 2011, 2016).
Notable theorists have demonstrated the benefits of participatory walking practices as a conversive and convivial methodology for performance research (Myers, 2009), for intergenerational urban pedagogy (L. G. Phillips & Hickey, 2013), and for investigations into everyday experience (Bendiner-Viani, 2009). This study builds on this research by employing walking as a participatory research method to investigate walking as a distinct spatial practice.
There has been a recent call for the development of methods to interrogate mobility inequities (Sheller, 2016). The need for a critical approach to the production of walkable neighbourhoods has also been identified (Zavestoski & Agyeman, 2015). This thesis contributes knowledge to both of these problems by investigating walking and walkability through a spatial justice/spatial practice approach. This work also problematises the commodification of walkability and, as a result, highlights participants’ values of everyday walking practices.
This investigation used participatory walking research methods, employing walking interviews and walking workshops. Data was collected from inhabitants, aged 5 – 80, from Maylands, an inner urban suburb of Perth, Western Australia. A theoretical model for spatial justice in spatial practice is developed from the research data. The model integrates three identified core values of spatial practice: accessibility, interactions and belonging. The knowledge contributed by this thesis can inform a holistic approach to walking and walkability that achieves the outcome of greater spatial resilience for inhabitants.
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Wright, Jodie S. "Sentencing decisions : the public view of the effects of consequences of crime, offender remorse and type of crime". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1069.
Testo completoAbstract (sommario):
The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n = 99) and female (n = 94) members of the Western Australian public. The design was a 2 x 2 x 2 x 2 between subjects factorial, with dependent variables of length of sentence assigned (0-10 years jail), rated influence of four sentencing goals (retribution, rehabilitation, incapacitation and deterrence) on sentence choice, and responses to an open-ended question about the reasons for the sentence chosen. The main findings were that demonstrations of offender remorse and the level of harm caused to the victim appeared to be factors in public participants' sentencing. There was no difference in sentences assigned by male and female participants. Although the majority of participants believed they sentenced for rehabilitative reasons. Retribution appeared to be the major factor in the sentences assigned an outcome which reflects the focus of the Western Australian sentencing legislation. Implications arising from the results include the need for more public education in the areas of the functions or the courts, legal principles and theories, and options for victims of crime. Overall, the current study added to the body of research examining public opinions about the potential relevance of various victim and offender factors at the sentencing phase in the search for uniformity in sentencing.
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Calvey, Jo. "Women's experiences of the workers' compensation system in Queensland, Australia". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2002. https://ro.ecu.edu.au/theses/731.
Testo completoAbstract (sommario):
This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why women may not claim workers' compensation, and the impact of the process on each women and their family(s). Acker's theory of 'gendered institutions' was used to understand why "many apparently gender-neutral processes are sites of gender production" (Acker, 1992b, p. 249). The experiences of the eleven women suggested that the workers' compensation system in Queensland is gendered; 'The women indicated that the workers compensation process was a disincentive to making a claim. WorkCover was viewed as siding with the employer, bureaucratic in nature and lacking values associated with empathy, sympathy and caring. Recommendations for improvements to the workers' compensation included: establish legal obligations and enforcement of occupational health and safety responsibilities to injured or ill workers; adoption of occupational health and safety values by employers; change the attitudes of employers (recognising women as breadwinners and workers are not disposable); a single case manager to advocate for injured or ill workers; recognition of mental and emotional consequences of an injury or illness provision of rehabilitation that recognises mental and emotional factors as well as the importance of family participation; greater involvement of employers and employees in the rehabilitation process; and finally, improved service delivery which involves consistency, ethics, clarity, (regarding the WorkCover process for injured workers and employers), accountability and involvement of all parties. The knowledge embedded in the interviews, expressed through core stories and themes, was essential to making women's voices visible and providing an insight into service delivery based on women's experiences and needs.
Libri sul tema "Justice, Administration of Australia"
1
Keith, Bryett, a cura di. Criminal justice in Australia. Sydney: Butterworths, 1993.
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1955-, Neuhaus Debbie, e Walker John R, a cura di. Crime and justice in Australia. Canberra: Australian Institute of Criminology, 1990.
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Brown, Graham. Legal studies for South Australia. Sydney: Butterworths, 1994.
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Davidson, Alastair. Rights, justice, and democracy in Australia. Melbourne, Australia: Longman Cheshire, 1991.
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Mukherjee, Satyanshu Kumar. Juvenile crime and justice: Australia, 1997. Griffith, A.C.T: Australian Institute of Criminology, 1997.
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Stephen, Odgers, e Yeo Stanley Meng Heong, a cura di. Australian criminal justice. Melbourne: Oxford University Press, 1994.
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Stephen, Odgers, e Yeo Stanley Meng Heong, a cura di. Australian criminal justice. 3a ed. South Melbourne, Vic., Australia: Oxford University Press, 2005.
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Rachel, Aalders, e Australian Institute of Health and Welfare., a cura di. Juvenile justice in Australia 2006-07. Canberra: Australian Institute of Health and Welfare, 2008.
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Rachel, Aalders, e Australian Institute of Health and Welfare., a cura di. Juvenile justice in Australia 2007-08. Canberra: Australian Institute of Health and Welfare, 2009.
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Loke, Kit. Juvenile justice in Australia 2004-05. Canberra, A.C.T: Australian Institute of Health and Welfare, 2007.
Cerca il testo completoCapitoli di libri sul tema "Justice, Administration of Australia"
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McAllister, Ian, Malcolm Mackerras e Carolyn Brown Boldiston. "Administration of justice". In Australian Political facts, 403–35. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-15196-7_9.
Testo completo
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Owusu-Bempah, Akwasi, e Shaun L. Gabbidon. "Australia". In Race, Ethnicity, Crime, and Justice, 126–53. 2nd edition. | New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781315686400-5.
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Spann, R. N. "Australia". In Education and Research in Public Administration in Africa, 355–80. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003451389-25.
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Stout, Brian. "Community justice". In Community Justice in Australia, 5–26. 2a ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003193814-2.
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Stout, Brian. "Juvenile justice". In Community Justice in Australia, 43–62. 2a ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003193814-4.
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Stout, Brian. "Restorative justice". In Community Justice in Australia, 80–96. 2a ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003193814-6.
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Butler, David, e Gareth Butler. "Administration of Justice". In British Political Facts 1900–1985, 307–21. London: Palgrave Macmillan UK, 1986. http://dx.doi.org/10.1007/978-1-349-18083-7_8.
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O’Halloran, Kerry. "Australia". In Ius Gentium: Comparative Perspectives on Law and Justice, 409–49. Dordrecht: Springer Netherlands, 2015. http://dx.doi.org/10.1007/978-94-017-9777-1_10.
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O’Halloran, Kerry. "Australia". In Ius Gentium: Comparative Perspectives on Law and Justice, 371–427. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-97648-4_8.
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O’Halloran, Kerry. "Australia". In Ius Gentium: Comparative Perspectives on Law and Justice, 445–93. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-65588-4_10.
Testo completoAtti di convegni sul tema "Justice, Administration of Australia"
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Dozier, Reagen. "California Community College Faculty Perspectives on Criminal Justice/Administration of Justice Programs". In 2021 AERA Annual Meeting. Washington DC: AERA, 2021. http://dx.doi.org/10.3102/1715006.
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Begel'dieva, D. N. "Legality and fairness in the administration of justice". In SCIENCE OF RUSSIA: GOALS AND OBJECTIVES. L-Journal, 2021. http://dx.doi.org/10.18411/sr-10-02-2021-61.
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Riega-Viru, Yasmina, Mario Ninaquispe Soto, Juan Luis Salas-Riega e Joselyn Arellano Arizola Bach. "Expert systems and administration of justice in Peru and Brazil". In 2022 IEEE Engineering International Research Conference (EIRCON). IEEE, 2022. http://dx.doi.org/10.1109/eircon56026.2022.9934806.
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Riley, Sarah. "Overriding (in)justice: pretrial risk assessment administration on the frontlines". In FAccT '24: The 2024 ACM Conference on Fairness, Accountability, and Transparency. New York, NY, USA: ACM, 2024. http://dx.doi.org/10.1145/3630106.3658920.
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Nallasamy, Mani. "Vocational Education and Training (VET) System and Social Justice in Australia". In 2023 IEEE International Conference on Teaching, Assessment and Learning for Engineering (TALE). IEEE, 2023. http://dx.doi.org/10.1109/tale56641.2023.10398313.
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Rocha, Cinara Maria Carneiro, Ana Lucia Aguiar e Joao Alvaro Carvalho. "National Brazilian judicial database (DataJud): transparency and better administration of justice". In ICEGOV 2023: 16th International Conference on Theory and Practice of Electronic Governance. New York, NY, USA: ACM, 2023. http://dx.doi.org/10.1145/3614321.3614381.
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Arshad, Ain Husna Mohd. "Revisiting The Administration Of Family Justice In The Family Court In Malaysia". In ILC 2017 - 9th UUM International Legal Conference. Cognitive-Crcs, 2018. http://dx.doi.org/10.15405/epsbs.2018.12.03.66.
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Agapova, O. "Digitalization of public administration entities in the field of justice: organizational and legal framework". In DIGITAL TRENDS AND ANTI-CORRUPTION REFORMS IN PUBLIC ADMINISTRATION. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-369-9-1.
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Zeman, Jakub. "Digitalization and COVID-19 in the Justice Sector". In EDAMBA 2021 : 24th International Scientific Conference for Doctoral Students and Post-Doctoral Scholars. University of Economics in Bratislava, 2022. http://dx.doi.org/10.53465/edamba.2021.9788022549301.560-570.
Testo completoAbstract (sommario):
The digitization of society has significantly changed the tools that society uses in all aspects of life. One of them is the judiciary sector, where it has moved significantly from emails to video conferencing or from electronic files to blockchain. On the one hand, COVID-19 demonstrated possible improvements and led to the streamlining of activities in the judiciary, but on the other hand, it also showed significant differences between countries in their digitization progress. One of the recommended solutions to improve digital services is to increase the budget. Our correlation between the results of the ICT development index in courts and the percentage of ICT expenditure in courts shows that this factor is not sufficient. At the same time, it turns out that although the justice department is a subset of public administration and e-justice is a part of egovernment, there is no visible relation between them in the results of the various indices. A prerequisite for the implementation of e-justice is not only expenses for ICT, but also user education, i.e., court staff, which are complementary to each other. Ensuring the availability and fairness of the justice administration is an important factor in the rule of law that affects the perception of the country among investors.
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Pradhan, Tulishree, e Shuvro Prosun Sarker. "MEDIA TRIAL VS. FAIR TRIAL: ARE THE NEW MEDIA RESHAPING ADMINISTRATION OF JUSTICE?" In 4th International Scientific Conference: Knowledge based sustainable economic development. Association of Economists and Managers of the Balkans, Belgrade, Serbia et all, 2018. http://dx.doi.org/10.31410/eraz.2018.764.
Testo completoRapporti di organizzazioni sul tema "Justice, Administration of Australia"
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Rukundo, Solomon. Towards an Effective Taxpayer Complaint Handling Mechanism: The Case for a Tax Ombudsman in Uganda. Institute of Development Studies, marzo 2023. http://dx.doi.org/10.19088/ictd.2023.010.
Testo completoAbstract (sommario):
It is increasingly common in many jurisdictions around the world to find an independent government office where complaints against the tax administration can be submitted. Traditional mechanisms, such as tribunals and courts, may not be effective, as these are usually very slow and costly. Many governments have developed the institution of a tax ombudsman to safeguard taxpayers’ rights and improve the overall tax system. This paper makes the case for the establishment of a tax ombudsman in Uganda. It begins with examining the concept of an ombudsman in general, and a tax ombudsman in particular. The paper proceeds to highlight the limitations of the Uganda Revenue Authority, the country’s tax administrator, and its existing oversight bodies, which justify the need for a tax ombudsman. The paper further elaborates on other justifications for the establishment of this office. The paper then briefly examines five country case studies of a tax ombudsman in operation – the United Kingdom, United States, Australia, South Africa and Tanzania. Drawing from these case studies and other literature, the paper sets out the ideal powers and roles for a tax ombudsman in the Ugandan context.
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NAVAL JUSTICE SCHOOL NEWPORT RI. Legal Office Administration. Revision (Naval Justice School). Fort Belvoir, VA: Defense Technical Information Center, febbraio 1996. http://dx.doi.org/10.21236/ada306548.
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Irwin, Douglas. Adam Smith's "Tolerable Administration of Justice" and the Wealth of Nations. Cambridge, MA: National Bureau of Economic Research, ottobre 2014. http://dx.doi.org/10.3386/w20636.
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Baker, Alison, e Lutfiye Ali. Mapping young people’s social justice concerns: An exploration of voice and action. Centre for Resilient and Inclusive Societies, 2022. http://dx.doi.org/10.56311/hbnb8239.
Testo completoAbstract (sommario):
This report is the first phase of a two-phase action research project titled Building Activist Capacities of Young People Through Issue-based Campaigns. The report explores key social issues facing young people aged 16 to 25 in Victoria, Australia, and examines how they respond to these issues. This study aims to better understand young people’s experiences of voice, the contexts and conditions in which they can cultivate their voices for social change, and where their voices resonate.
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McConnell, Allan. Australia: How Has Technical and Expert Policy Advice Been Used for Rapid Response Decision-Making? Australia and New Zealand School of Government, ottobre 2020. http://dx.doi.org/10.54810/xaag2908.
Testo completoAbstract (sommario):
This paper was commissioned in 2020 for ANZSOG and China’s Central Party School’s joint dialogue: Public administration reflections on the COVID-19 response in China, Aotearoa-New Zealand and Australia. It looks at the role of experts and expertise in shaping the initial Australian response to COVID-19 in 2020 and the role of evidence-based policy in dealing with crises.
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Martinez, Monica, e Michelle Oliva. In Pursuit of Racial Equity: A Pathway for Action and Transformation in Education. EduDream, febbraio 2021. http://dx.doi.org/10.62137/babg2923.
Testo completoAbstract (sommario):
This report highlights the current state of educational inequities and national efforts to address them through policy, resources, tools, and technical assistance. Based on our review of over sixty equity-centered resources, we find that few toolkits are explicitly designed for K-12 schools and districts. We make a case for practical tools and resources, such as the EET™, to support education leaders in their equity work. Finally, based on our analysis of federal efforts to advance equity and a new administration that is prioritizing racial justice, we outline immediate action steps the Biden-Harris administration can take on this matter.
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Allen, Barbara. How Effective Have Localised and Targeted Community Actions and Targeted Messaging About Policy Decisions Been? Australia and New Zealand School of Government, ottobre 2020. http://dx.doi.org/10.54810/ahcd6656.
Testo completoAbstract (sommario):
This paper was commissioned in 2020 for ANZSOG and China’s Central Party School’s joint dialogue: Public administration reflections on the COVID-19 response in China, Aotearoa-New Zealand and Australia. It looks at a number of aspects of the Aotearoa New Zealand response to COVID-19 and their effectiveness.
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Tyson, Paul. Sovereignty and Biosecurity: Can we prevent ius from disappearing into dominium? Mέta | Centre for Postcapitalist Civilisation, 2021. http://dx.doi.org/10.55405/mwp3en.
Testo completoAbstract (sommario):
Drawing on Milbank and Agamben, a politico-juridical anthropology matrix can be drawn describing the relations between ius and bios (justice and political life) on the one hand and dominium and zoe (private power and ‘bare life’) on the other hand. Mapping movements in the basic configurations of this matrix over the long sweep of Western cultural history enable us to see where we are currently situated in relation to the nexus between politico-juridical authority (sovereignty) and the emergency use of executive State powers in the context of biosecurity. The argument presented is that pre-19th century understandings of ius and bios presupposed transcendent categories of Justice and the Common Good that were not naturalistically defined. The very recent idea of a purely naturalistic naturalism has made distinctions between bios and zoe un-locatable and civic ius is now disappearing into a strangely ‘private’ total power (dominium) over the bodies of citizens, as exercised by the State. The very meaning of politico-juridical authority and the sovereignty of the State is undergoing radical change when viewed from a long perspective. This paper suggests that the ancient distinction between power and authority is becoming meaningless, and that this loss erodes the ideas of justice and political life in the Western tradition. Early modern capitalism still retained at least the theory of a Providential moral order, but since the late 19th century, morality has become fully naturalized and secularized, such that what moral categories Classical economics had have been radically instrumentalized since. In the postcapitalist neoliberal world order, no high horizon of just power –no spiritual conception of sovereignty– remains. The paper argues that the reduction of authority to power, which flows from the absence of any traditional conception of sovereignty, is happening with particular ease in Australia, and that in Australia it is only the Indigenous attempt to have their prior sovereignty –as a spiritual reality– recognized that is pushing back against the collapse of political authority into mere executive power.
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Buchanan, Riley, Daniel Elias, Darren Holden, Daniel Baldino, Martin Drum e Richard P. Hamilton. The archive hunter: The life and work of Leslie R. Marchant. The University of Notre Dame Australia, 2021. http://dx.doi.org/10.32613/reports/2021.2.
Testo completoAbstract (sommario):
Professor Leslie R. Marchant was a Western Australian historian of international renown. Richly educated as a child in political philosophy and critical reason, Marchant’s understandings of western political philosophies were deepened in World War Two when serving with an international crew of the merchant navy. After the war’s end, Marchant was appointed as a Protector of Aborigines in Western Australia’s Depart of Native Affairs. His passionate belief in Enlightenment ideals, including the equality of all people, was challenged by his experiences as a Protector. Leaving that role, he commenced his studies at The University of Western Australia where, in 1952, his Honours thesis made an early case that genocide had been committed in the administration of Aboriginal people in Western Australia. In the years that followed, Marchant became an early researcher of modern China and its relationship with the West, and won respect for his archival research of French maritime history in the Asia-Pacific. This work, including the publication of France Australe in 1982, was later recognised with the award of a French knighthood, the Chevalier d’Ordre National du Mèrite, and his election as a fellow to the Royal Geographical Society. In this festschrift, scholars from The University of Notre Dame Australia appraise Marchant’s work in such areas as Aboriginal history and policy, Westminster traditions, political philosophy, Australia and China and French maritime history.
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Joshi, Anuradha, Jalia Kangave e Vanessa van den Boogaard. Engendering Taxation: a Research and Policy Agenda. Institute of Development Studies, marzo 2024. http://dx.doi.org/10.19088/ictd.2024.017.
Testo completoAbstract (sommario):
Increased attention has been paid to the gender dimensions of taxation in recent years, though there has been limited research on the subject – particularly in lower-income contexts. Understanding how tax policies might affect women in lower-income countries is important at the current time, when governments are looking for new ways to increase domestic revenue – particularly through expanding the tax base. Given that women have historically represented only a small part of the formal workforce in these contexts, a shift towards indirect taxes and taxing the informal economy are likely to have a disproportionate effect on poorer households, and women in particular. Understanding whether, and in what specific ways, tax policy in lower-income countries affects the ability of women to participate in the workforce and carry out their caring responsibilities within households is critical for ensuring development with gender justice. This paper reviews the existing literature and related debates on gender and tax in lower income countries. It identifies knowledge gaps, and maps broader issues that are relevant for understanding the gendered impact of taxation. The paper makes four broad observations. First, existing research focuses on formal direct taxes that are less relevant for women in lower-income contexts, given their high participation rates in the informal economy. Instead, presumptive taxes, user fees and informal taxes place a disproportionate burden on low income women. Second, there needs to be greater attention paid to the ways in which women in senior and junior positions in tax administration can affect how taxpayers interact with tax authorities. Third, any assessment of tax policy’s impact on gender needs to consider revenue and expenditure together to ensure that the positive effects of tax policies are not undermined by budgets, or vice versa. Finally, we show that there has been insufficient gender-disaggregated data collection and analysis, which is required to draw generalizable conclusions about the gendered impact of tax policy. We argue that tax specialists need to think about research questions that address these gaps, and simultaneously address methodological challenges by gender disaggregation in data collection, as well as impact evaluation of tax policy implementation and innovation. Our overall conclusions are that tax policies can be made gender-neutral by paying careful attention to where they affect women differentially. There are opportunities for governments to explore policies that positively discriminate as a way to address structural gendered inequities. At the same time we recognise that, barring a few exceptions, tax policy and administration is often an unwieldy instrument to address gender equity directly. Instead other policies relating to labour markets, social protection and public services are better placed to be gender-transformative.