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Office of Profit Under the Crown
RESEARCH PAPER SERIES, 2017–18 14 JUNE 2018 Office of profit under the Crown Professor Anne Twomey, University of Sydney Law School Executive summary • Section 44(iv) of the Constitution provides that a person is incapable of being chosen as a Member of Parliament if he or she holds an ‘office of profit under the Crown’. This is also a ground for disqualification from office for existing members and senators under section 45. There has been considerable uncertainty about what is meant by holding an office of profit under the Crown. • First the person must hold an ‘office’. This is a position to which duties attach of a work-like nature. It is usually, but not always the case, that the office continues to exist independently of the person who holds it. However, a person on the ‘unattached’ list of the public service still holds an office. • Second, it must be an ‘office of profit’. This means that some form of ‘profit’ or remuneration must attach to the office, regardless of whether or not that profit is transferred to the office- holder. Reimbursement of actual expenses does not amount to ‘profit’, but a public servant who is on leave without pay or an office-holder who declines to accept a salary or allowances still holds an office of profit. The source of the profit does not matter. Even if it comes from fees paid by members of the public or other private sources, as long as the profit is attached to the office, that is sufficient. • Third, the office of profit must be ‘under the Crown’. -
Seva Gunitsky
Seva Gunitsky (updated 09/2016) Academic Assistant Professor, University of Toronto, 2011-present Affiliations Department of Political Science Fung Global Fellow, Princeton University, 2014-15 Princeton Institute for International and Regional Studies Contact 3052 Sidney Smith Hall (416) 978 - 3346 Information 100 St. George Street [email protected] Toronto, ON, M5S 3G3, Canada http://individual.utoronto.ca/seva Education Columbia University, New York, NY M.A., Political Science, 2006; Ph.D., Political Science, 2011 University of Michigan, Ann Arbor, MI B.A., Political Science and Economics, 2002 Research External sources of domestic reforms Interests Democratic waves and diffusion Hegemonic transitions and great power rivalries International relations theory Books Aftershocks: Great Powers and Domestic Reforms in the Twentieth Century. Forthcoming Spring 2017, Princeton University Press. (Princeton Studies in International History and Politics) Legacies of Blood and Law: State Birth in a Global System. Book manuscript in progress. Recipient of $277,000 in research funding. ($259,000 as co-PI; $18,000 as solo PI) Publications \Corrupting the Cyber-Commons: Social Media as a Tool of Autocratic Resilience." Perspectives on Politics 13.1, March 2015, p. 42-54. PDF \Lost in the Gray Zone: Competing Measures of Democracy in the Former Soviet Republics." In Ranking the World: Grading States as a Tool of Global Governance, Alex Cooley and Jack Snyder, eds. Spring 2015, Cambridge University Press. PDF \From Shocks to Waves: Hegemonic Transitions and Democratization in the Twentieth Century." International Organization 68.3, July 2014, p. 561-97. PDF \Complexity and Theories of Change in International Politics." International Theory 5.1, March 2013, p. -
NEWSLETTER ISSN 1443-4962 No
Edwin Greenslade (Dryblower) Murphy, journalist, 1866-1939, is pictured above. But ‘Dryblower’ was more than a journalist. He wrote verse, satirical verse, amusing verse, verse that soon became an institution in the Coolgardie Miner. It all began at Bulong when a dusty and soiled envelope provided copy paper for the first piece of verse penned and printed between York, WA, and South Australia. Murphy wrote “The Fossicker’s Yarn” to “squash and squelch the objectionable ‘Jackeroo’ (sic) system obtaining on Bayley’s Reward Mine”. “Dryblower” sent the verses to the Coolgardie Miner and a friend sent them to the Sydney Bulletin. The Bulletin published them first, while the Miner “had them in type awaiting issue”. They appeared in the third issue of the Miner. See ANHG 94.4.9 below for Dryblower’s poem, “The Printer”. AUSTRALIAN NEWSPAPER HISTORY GROUP NEWSLETTER ISSN 1443-4962 No. 94 October 2017 Publication details Compiled for the Australian Newspaper History Group by Rod Kirkpatrick, U 337, 55 Linkwood Drive, Ferny Hills, Qld, 4055. Ph. +61-7-3351 6175. Email: [email protected] Contributing editor and founder: Victor Isaacs, of Canberra, is at [email protected] Back copies of the Newsletter and some ANHG publications can be viewed online at: http://www.amhd.info/anhg/index.php Deadline for the next Newsletter: 8 December 2017. Subscription details appear at end of Newsletter. [Number 1 appeared October 1999.] Ten issues had appeared by December 2000 and the Newsletter has since appeared five times a year. 1—Current Developments: National & Metropolitan 94.1.1 Media-ownership laws updated after 30 years A sweeping media overhaul that the Turnbull government says will deliver the “biggest reform” in nearly 30 years has been hailed by the industry, as small and regional companies win new funding to invest in their newsrooms (Australian, 15 September 2017). -
Perceptionsjournal of International Affairs
PERCEPTIONSJOURNAL OF INTERNATIONAL AFFAIRS PERCEPTIONS Spring 2015 Volume XX Number 1 XX Number 2015 Volume Spring PERCEPTIONS Humanitarian Diplomacy in Theory and Practice M. Akif KIRECCI A Postcolonial Critique of Responsibility to Protect in the Middle East Mojtaba MAHDAVI Turkey, Middle Powers, and the New Humanitarianism Bruce GILLEY Ottoman Immigrants and the Formation of Turkish Red Crescent Societies in the United States Işıl ACEHAN Who Represents Palestinian Refugees? The Sidelining of the Core of the Palestine Question Jinan BASTAKI The New Face of Humanitarian Aid and Intervention: China and Its Growing Role in the Realm of African Development Mark WILD The Effectiveness of Political Conditionality as an Instrument of Democracy Promotion by the EU: Case Studies of Zimbabwe, Ivory Coast and Niger Samiratou DIPAMA and Emel PARLAR DAL Rapid Economic Growth and Its Sustainability in China K. Ali AKKEMİK Book Reviews Spring 2015 Volume XX - Number 1 ISSN 1300-8641 Style and Format PERCEPTIONS Articles submitted to the journal should be original contributions. If another version of the article is under consideration by another publication, or has been or will be published elsewhere, authors should clearly indicate this at the time of submission. Manuscripts should be submitted to: e-mail: [email protected] Editor in Chief The final decision on whether the manuscript is accepted for publication in the Journal or not is made by the Editorial Board depending on the anonymous referees’ review reports. Ali Resul Usul A standard length for PERCEPTIONS articles is 6,000 to 8,000 words including endnotes. The manuscript should begin with an indented and italicised summary up to 150 words, which should describe the main Deputy Editor arguments and conclusions, and 5-7 keywords, indicating to main themes of the manuscript. -
"The Case for Colonialism": a Colloquium
"The Case for Colonialism": A Colloquium On Monday, 7 May 2018 the McDonald Centre hosted a colloquium to discuss Bruce GiIley's provocative article, "The Case for Colonialism". A Professor of Political Science at Portland State University, Gilley is a specialist in the comparative politics of China and Asia and a theorist of political legitimacy. In September 2017, Third World Quarterly published his article, which argues that colonial rule was sometimes legitimate, that post-colonial states would do better to nurture certain aspects of their colonial legacy than discard them, and that certain kinds of 'neo-colonial' consensual partnership between former colonies and Western countries can and could be beneficial. Predictably, "The Case for Colonialism", created a furore. The purposes of the McDonald Centre's colloquium were threefold: to examine Gilley's reading of the colonial past; to test his proposals for a 'neo-colonial' future; and to reflect upon the controversy. In addition to Bruce Gilley himself, thirty historians, economists, ethicists, experts in international relations, and former civil servants attended. They included: Ali Ansari: Professor of Modern History with reference to the Middle East, and founding director of the Institute for Iranian Studies, St Andrew’s University; author of The Politics of Nationalism in Modern Iran (2012). Nigel Biggar: Regius Professor of Moral and Pastoral Theology, and Director of the McDonald Centre, University of Oxford, where he leads the ‘Ethics and Empire’ project; author of Between Kin and Cosmopolis: An Ethic of the Nation (2014) and “Rhodes, Race, and the Abuse of History” (2016). Jeremy Black, MBE: Professor of History at the University of Exeter; author of Crisis of Empire (2010) and Geographies of an Imperial Power: The British World, 1688–1815 (2017). -
Composition of Australian Parliaments by Party and Gender: a Quick Guide
RESEARCH PAPER SERIES, 2016–17 16 MAY 2017 Composition of Australian parliaments by party and gender: a quick guide Anna Hough Politics and Public Administration This quick guide contains the most recent tables showing the composition of Australian parliaments by party and gender (see Table 1 and Table 2 below). It takes into account changes to the Commonwealth parliament and the parliaments of Western Australia, New South Wales, Victoria, South Australia and Tasmania since the last update was published on 20 February 2017. Commonwealth • In the Senate, Peter Georgiou (PHON, WA) replaces Rod Culleton (Ind., WA), whose election was declared void by the High Court sitting as the Court of Disputed returns. Senator Georgiou was sworn in on 27 March 2017. • Senator Lucy Gichuhi (Ind., SA) replaces Bob Day (Family First Party, SA) following Day’s resignation in November 2016. In late April 2017 the Family First Party merged with the Australian Conservatives (with the combined party to be called the Australian Conservatives). Senator Gichuhi, who was sworn in on 9 May 2017, has opted not to join the merged party. Western Australia • The figures for Western Australia reflect the results of the state general election held on 11 March 2017. New members of the Legislative Council elected on that date are included in the figures, and will take their seats on 22 May 2017. New South Wales • In New South Wales, following three by-elections on 8 April 2017: – Liesl Tesch (ALP) became the Member for Gosford, replacing Kathy Smith (ALP) – James Griffin (LP) became the Member for Manly, replacing Mike Baird (LP) and – Felicity Wilson (LP) became the Member for North Shore, replacing Jillian Skinner (LP). -
Multiple Nationality and Parliamentary Eligibility in Japanese and Australian Law MULTIPLE NATIONALITY and PARLIAMENTARY ELIGIBILITY
Multiple Nationality and Parliamentary Eligibility in Japanese and Australian Law MULTIPLE NATIONALITY AND PARLIAMENTARY ELIGIBILITY Yasuhiro Okuda* / Trevor Ryan** Yasuhiro Okuda / Trevor Ryan Introduction I. Japanese Law 1. Nationality of Taiwanese 2. Applicability of Unrecognized Government’s Law 3. Election of One Nationality Under the Nationality Act 4. Eligibility of Multiple Nationals to Public Office II. Australian Law 1. Dual Nationality and Disqualification from Parliament 2. Sykes v Cleary 3. Re Canavan 4. Reform Options Conclusion INTRODUCTION Multiple nationality arises often from cross-cultural marriage of parents under the jus sanguinis rule found in Japanese law on the one hand, and from the birth of children to foreign residents in national territory under the jus soli rule found in Australian law on the other hand. Interestingly, despite such different nationality laws, the parliamentary eligibility of multiple nationals has become topical in both countries in recent times. For a long time, foreign residents in Japan numbered fewer than one mil- lion, and most of these were Koreans and Taiwanese who came as Japanese nationals before World War II, when Korea and Taiwan were a part of Japa- nese territory, as well as their descendants.1 They are generally called ‘old comers’.2 However, since the late 1980s foreign residents have rapidly in- * Prof. Dr. Yasuhiro Okuda, Chūō University, Law School, Japan. ** Ass. Prof. Dr. Trevor Ryan, School of Law & Justice, University of Canberra, Aus- tralia. 1 According to the Nihon Tōkei Nenkan [Japan Statistical Yearbook], 664,536 Kore- ans and 52,896 Chinese (most of them Taiwanese) made up 91.6 percent of 782,910 foreign residents in 1980. -
Before the High Court
Before the High Court Re Robert John Day AO: Section 44(v) of the Australian Constitution Revisited Oscar I Roos and Benjamin B Saunders† Abstract In February 2017, the High Court of Australia will sit as the Court of Disputed Returns in Re Day to consider five questions referred to it by the Australian Senate about s 44(v) of the Australian Constitution and the position of the former South Australian Senator, Robert Day AO. The reference is a rare opportunity for the High Court to consider how s 44(v) should be interpreted and applied, as it has only been considered once before by the Court — in 1975 in Re Webster. This column argues that the interpretation adopted in Re Webster does not adequately take account of the provision’s anti-corruption purpose. Based on the drafting history of s 44(v), we propose that it should be interpreted so as to disqualify a person who has a pecuniary interest in an agreement with the Public Service of the Commonwealth that creates a real risk of conflict between that person’s private interests and their public duties as a parliamentarian; or where there is a real risk that the person has used his or her position as a parliamentarian to obtain an improper financial advantage. If the Court adopts our proposal, it is likely that Mr Day will be disqualified by s 44(v). I Introduction Robert (‘Bob’) Day AO was first elected at the 2013 Australian Federal Election as a senator for South Australia as a candidate of the Family First party. -
2016 Senate Electoral Reforms in the High Court and Beyond
Shauna Roeger* 2016 SENATE ELECTORAL REFORMS IN THE HIGH COURT AND BEYOND I INTRODUCTION n 2016, the government implemented significant reforms to the Senate electoral processes when it passed amendments to the Commonwealth Electoral Act 1918 I(Cth) (‘CEA’). Shortly after the passage of the amending legislation, Senator Bob Day challenged the amendments’ constitutional validity in the High Court of Australia. In Day v Australian Electoral Officer (SA),1 the High Court unanimously dismissed the challenge. This case note explains the High Court’s reasoning and considers how the decision reinforces existing constitutional principles regarding the Parliament’s power to determine electoral processes. This case note then examines how the new system fared at the 2016 federal election, and concludes that, while Senate processes may still benefit from further reform, especially in relation to Senate casual vacancies, the 2016 reforms were a victory for Australian democracy. II THE POLITICAL CONTEXT A The 2013 Election and Calls for Reform From 1984 the CEA provided for ticket voting with full preferences above the line, and full preferential voting below the line. Under this system, electors who voted above the line did not have control over the preference flows, and effectively accepted the preferences determined by the voting ticket or tickets lodged by the particular group or incumbent senator. Electors had the option of voting below the line by expressing full preferences for all listed candidates. However, in the larger states this was a difficult and time-consuming task, and understandably one in which only a small fraction of voters engaged.2 The effect of this system was to allow parties to legally manipulate preference flows through group voting tickets. -
Foreword Chapter 1. Failing Governance, Unsustainable Planet
Notes Foreword 1. James Madison, “The Federalist No. 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments,” Independent Journal, 6 February 1788. 2. Nicholas Stern, The Economics of Climate Change: The Stern Review (Cambridge, U.K.: Cambridge University Press, 2006), p. xviii. 3. Nicholas Berggruen and Nathan Gardels, Intelligent Governance for the 21st Century (Cambridge, U.K.: Polity Press, 2012); David Runciman, The Confidence Trap (Princeton, NJ: Princeton University Press, 2013), pp. 318–20. 4. John Platt, “What We Must Do,” Science, 28 November 1969, pp. 115–21. 5. Lisa-ann Gershwin, Stung! On Jellyfish Blooms and the Future of the Ocean (Chicago: University of Chicago Press, 2013); Intergovernmental Panel on Climate Change (IPCC), Climate Change 2013: The Physical Science Basis, Contribution of IPCC Working Group I (Cambridge, U.K.: 2013). 6. Adam Hochschild, Bury the Chains (Boston: Houghton Mifflin, 2005). 7. U. Thara Srinivasan et al., “The Debt of Nations and Distribution of Ecological Impacts from Human Activi- ties,” Proceedings of the National Academy of Sciences, vol. 105, no. 5 (2008), pp. 1,768–73. 8. John Stuart Mill, Principles of Political Economy (London: Longmans, Green, and Co., 1848/1940), pp. 746–51. 9. Kenneth E. Boulding, “The Economics of the Coming Spaceship Earth,” presented at the Sixth Resources for the Future Forum on Environmental Quality in a Growing Economy, Washington, DC, 8 March 1966. 10. White House Council on Environmental Quality, “Preparing the United States for the Impacts of Climate Change,” Executive Order (Washington, DC: November 2013). 11. Karl Polanyi, The Great Transformation (Boston: Beacon, 1967/1944), p. -
Should We Try to Predict Transitions to Democracy?: Lessons for China
Should We Try to Predict Transitions to Democracy?: Lessons for China by Bruce Gilley INTRODUCTION It has been 20 years since the Harvard political scientist Samuel Huntington predicted that “the limits of democratic development in the world may well have been reached.”1 That forecast, substantiated by a survey of the evidence as it existed in Asia, Eastern Europe, Latin America, and the Middle East, was famously wrong. In particular, Huntington’s prediction that the possibility of democratic change in Eastern Europe was “virtually nil” was disproved within a few years. Between 1984, when he wrote, and 2003, Freedom House reckons that the proportion of the world’s states that are electoral democracies rose from 41 to 61 percent, while the proportion of the world’s population living under “free” or “partly free” conditions rose from 56 to 65 percent.2 In terms both of polities and of people, democracy’s limits had clearly not been reached. So, was Huntington’s exercise in prediction a waste of time? Not at all. Huntington performed a signal service to the scholarly and policy-making community despite being largely wrong (except perhaps with respect to the Middle East). He highlighted an important issue concerning the global political future and discussed the factors that remain central to the study of democratization. A retrospective look at the literature on regime change prior to the Third Wave of democratization3 suggests that it was the failure to think seriously about macro-level political change in authoritarian states, not the failure to predict accurately, that was the main shortcoming of research in the 1970s. -
Morrison's Miracle the 2019 Australian Federal Election
MORRISON'S MIRACLE THE 2019 AUSTRALIAN FEDERAL ELECTION MORRISON'S MIRACLE THE 2019 AUSTRALIAN FEDERAL ELECTION EDITED BY ANIKA GAUJA, MARIAN SAWER AND MARIAN SIMMS In memory of Dr John Beaton FASSA, Executive Director of the Academy of the Social Sciences in Australia from 2001 to 2018 and an avid supporter of this series of election analyses Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] Available to download for free at press.anu.edu.au ISBN (print): 9781760463618 ISBN (online): 9781760463625 WorldCat (print): 1157333181 WorldCat (online): 1157332115 DOI: 10.22459/MM.2020 This title is published under a Creative Commons Attribution-NonCommercial- NoDerivatives 4.0 International (CC BY-NC-ND 4.0). The full licence terms are available at creativecommons.org/licenses/by-nc-nd/4.0/legalcode Cover design and layout by ANU Press Cover photograph: Scott Morrison Campaign Day 11. Photo by Mick Tsikas, AAP. This edition © 2020 ANU Press CONTENTS Figures . ix Plates . xiii Tables . .. xv Abbreviations . xix Acknowledgements . xxiii Contributors . xxv Foreword . xxxiii 1 . Morrison’s miracle: Analysing the 2019 Australian federal election . 1 Anika Gauja, Marian Sawer and Marian Simms Part 1. Campaign and context 2 . Election campaign overview . 21 Marian Simms 3 . The rules of the game . 47 Marian Sawer and Michael Maley 4 . Candidates and pre‑selection . .. 71 Anika Gauja and Marija Taflaga 5 . Ideology and populism . 91 Carol Johnson 6 . The personalisation of the campaign . 107 Paul Strangio and James Walter 7 . National polling and other disasters . 125 Luke Mansillo and Simon Jackman 8 .