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Canberra Law Review (2016) 14(1)
Volume 14(1) – 2016 Editor: Robert MacLean Student Editors: Ben Vader Duff Isabella Heilikmann Liv Hume Erina Fletcher FOREWORD Isabella Heilikmann ZOMBIE APOCALYPSE TIMELINE WILL THE REAL ZOMBIE TAX PLEASE STAND UP! Editors Olivia Hume PROPOSED ZOMBIE APOCALYPSE LAW REFORMS TO WHAT EXTENT SHOULD WE EXTEND HUMAN RIGHTS TO ZOMBIES? Contributors Erina Fletcher PART I: REFEREED ARTICLES PROTECTING THE INFECTED. GOVERNMENT ACQUISITION OF CONSTITUTIONAL IMPLICATIONS OF A PATENTS DURING THE ZOMBIE ZOMBIE OUTBREAK APOCALYPSE Dr Bede Harris Benjamin Duff IS THE ZOMBIE MY NEIGHBOUR? THE ZOMBIE APOCALYPSE AS A LENS FOR PART III: SUPPLEMENTAL ZOMBIE UNDERSTANDING LEGAL PERSONHOOD MATERIALS Bruce Baer Arnold UNATURAL DISASTERS: EMERGENCY Zombie Isaacs designed by Joe Mikus MANAGEMENT IN A TIME OF ZOMBIES Robert MacLean PART II: REFEREED STUDENT ARTICLES ESCAPING THE SEA OF ZOMBIES: LESSONS LEARNED FROM CLIMATE CHANGE REFUGEES 1 UNIVERSITY OF CANBERRA Copyright © University of Canberra and individual authors 2017 This journal issue is licensed under a Creative Commons Attribution 3.0 Australia licence. <http://creativecommons.org/licenses/by/3.0/au/> 2 UNIVERSITY OF CANBERRA Canberra Law Review (2016) 14(1) Canberra Law Review Welcome to the 2016 edition of the Canberra Law Review. No apology is needed if you skipped the foreword and went straight to the articles, it is after all the human thing to do (though it may be an incorrect assumption that all our readers are human). The 2016 Canberra Law Review was an opportunity to experiment with the teaching of law. On one level, it was an opportunity to conduct a Gedankenexperiment, encouraging students and colleagues to consider how a global zombie apocalypse would impact Australian law. -
Balance of Power Senate Projections, Spring 2018
Balance of power Senate projections, Spring 2018 The Australia Institute conducts a quarterly poll of Senate voting intention. Our analysis shows that major parties should expect the crossbench to remain large and diverse for the foreseeable future. Senate projections series, no. 2 Bill Browne November 2018 ABOUT THE AUSTRALIA INSTITUTE The Australia Institute is an independent public policy think tank based in Canberra. It is funded by donations from philanthropic trusts and individuals and commissioned research. We barrack for ideas, not political parties or candidates. Since its launch in 1994, the Institute has carried out highly influential research on a broad range of economic, social and environmental issues. OUR PHILOSOPHY As we begin the 21st century, new dilemmas confront our society and our planet. Unprecedented levels of consumption co-exist with extreme poverty. Through new technology we are more connected than we have ever been, yet civic engagement is declining. Environmental neglect continues despite heightened ecological awareness. A better balance is urgently needed. The Australia Institute’s directors, staff and supporters represent a broad range of views and priorities. What unites us is a belief that through a combination of research and creativity we can promote new solutions and ways of thinking. OUR PURPOSE – ‘RESEARCH THAT MATTERS’ The Institute publishes research that contributes to a more just, sustainable and peaceful society. Our goal is to gather, interpret and communicate evidence in order to both diagnose the problems we face and propose new solutions to tackle them. The Institute is wholly independent and not affiliated with any other organisation. Donations to its Research Fund are tax deductible for the donor. -
Introduction to Volume 1 the Senators, the Senate and Australia, 1901–1929 by Harry Evans, Clerk of the Senate 1988–2009
Introduction to volume 1 The Senators, the Senate and Australia, 1901–1929 By Harry Evans, Clerk of the Senate 1988–2009 Biography may or may not be the key to history, but the biographies of those who served in institutions of government can throw great light on the workings of those institutions. These biographies of Australia’s senators are offered not only because they deal with interesting people, but because they inform an assessment of the Senate as an institution. They also provide insights into the history and identity of Australia. This first volume contains the biographies of senators who completed their service in the Senate in the period 1901 to 1929. This cut-off point involves some inconveniences, one being that it excludes senators who served in that period but who completed their service later. One such senator, George Pearce of Western Australia, was prominent and influential in the period covered but continued to be prominent and influential afterwards, and he is conspicuous by his absence from this volume. A cut-off has to be set, however, and the one chosen has considerable countervailing advantages. The period selected includes the formative years of the Senate, with the addition of a period of its operation as a going concern. The historian would readily see it as a rational first era to select. The historian would also see the era selected as falling naturally into three sub-eras, approximately corresponding to the first three decades of the twentieth century. The first of those decades would probably be called by our historian, in search of a neatly summarising title, The Founders’ Senate, 1901–1910. -
Bicameralism in the New Zealand Context
377 Bicameralism in the New Zealand context Andrew Stockley* In 1985, the newly elected Labour Government issued a White Paper proposing a Bill of Rights for New Zealand. One of the arguments in favour of the proposal is that New Zealand has only a one chamber Parliament and as a consequence there is less control over the executive than is desirable. The upper house, the Legislative Council, was abolished in 1951 and, despite various enquiries, has never been replaced. In this article, the writer calls for a reappraisal of the need for a second chamber. He argues that a second chamber could be one means among others of limiting the power of government. It is essential that a second chamber be independent, self-confident and sufficiently free of party politics. I. AN INTRODUCTION TO BICAMERALISM In 1950, the New Zealand Parliament, in the manner and form it was then constituted, altered its own composition. The legislative branch of government in New Zealand had hitherto been bicameral in nature, consisting of an upper chamber, the Legislative Council, and a lower chamber, the House of Representatives.*1 Some ninety-eight years after its inception2 however, the New Zealand legislature became unicameral. The Legislative Council Abolition Act 1950, passed by both chambers, did as its name implied, and abolished the Legislative Council as on 1 January 1951. What was perhaps most remarkable about this transformation from bicameral to unicameral government was the almost casual manner in which it occurred. The abolition bill was carried on a voice vote in the House of Representatives; very little excitement or concern was caused among the populace at large; and government as a whole seemed to continue quite normally. -
Imagereal Capture
FEDERAL DEADLOCKS : ORIGIN AND OPERATION OF SECTION 57 By J. E. RICHARDSON* This article deals with the interpretation of section 57 of the Con- stitution, and the consideration of deadlocks leading to the framing of a section at the Federal Convention Debates in Sydney in 1891 and in the three sessions held at Adelaide, Sydney and Melbourne respectively in 1897-8. It also includes a short assessment of the operation of section 57 since federation. Section 57 becomes explicable only after the nature of Senate legislative power as defined in section 53 is understood. Accordingly, the article commences by examining Senate legislative power. The two sections read: '53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law. The Senate may not amend proposed laws imposing taxation, or propoaed laws appropriating revenue or moneys for the ordinary annual services of the Government. The Senate may not amend any proposed law so as to increase any pro- posed charge or burden on the people. The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications. -
Commonwealth of Australia
Commonwealth of Australia Author Wanna, John Published 2019 Journal Title Australian Journal of Politics and History Version Accepted Manuscript (AM) DOI https://doi.org/10.1111/ajph.12576 Copyright Statement © 2019 School of History, Philosophy, Religion and Classics, School of Political Science and International Studies, University of Queensland and Wiley Publishing Asia Pty Ltd. This is the peer reviewed version of the following article: Commonwealth of Australia, Australian Journal of Politics and History, Volume 65, Issue 2, Pages 295-300, which has been published in final form at 10.1111/ajph.12576. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving Downloaded from http://hdl.handle.net/10072/388250 Griffith Research Online https://research-repository.griffith.edu.au Commonwealth of Australia John Wanna Turnbull’s Bizarre Departure, and a Return to Minority Government for the Morrison-led Coalition Just when political pundits thought federal parliament could not become even wackier than it had been in recent times, the inhabitants of Capital Hill continued to prove everyone wrong. Even serious journalists began referring to the national legislature metaphorically as the “monkey house” to encapsulate the farcical behaviour they were obliged to report. With Tony Abbott being pre-emptively ousted from the prime ministership by Malcolm Turnbull in 2015, Turnbull himself was, in turn, unceremoniously usurped in bizarre circumstances in August 2018, handing over the leadership to his slightly bemused Treasurer Scott Morrison. Suddenly, Australia was being branded as the notorious “coup capital of the Western democracies”, with five prime ministers in five years and only one losing the high office at a general election. -
Leadership and the Australian Greens
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Online @ ECU Edith Cowan University Research Online ECU Publications Post 2013 1-1-2014 Leadership and the Australian Greens Christine Cunningham Edith Cowan University, [email protected] Stewart Jackson Follow this and additional works at: https://ro.ecu.edu.au/ecuworkspost2013 Part of the Leadership Studies Commons, and the Political Science Commons 10.1177/1742715013498407 This is an Author's Accepted Manuscript of: Cunningham, C., & Jackson, S. (2014). Leadership and the Australian Greens. Leadership, 10(4), 496-511. Reprinted by permission of SAGE Publications. Available here. This Journal Article is posted at Research Online. https://ro.ecu.edu.au/ecuworkspost2013/26 Leadership and the Australian Greens Christine Cunningham School of Education, Education and the Arts Faculty, Edith Cowan University, Australia Stewart Jackson Department of Government and International Relations, Faculty of Arts, The University of Sydney, Australia Abstract This paper examines the inherent tension between a Green political party’s genesis and official ideology and the conventional forms and practices of party leadership enacted in the vast bulk of other parties, regardless of their place on the ideological spectrum. A rich picture is painted of this ongoing struggle through a case study of the Australian Greens with vivid descriptions presented on organisational leadership issues by Australian state and federal Green members of parliaments. What emerges from the data is the Australian Green MPs’ conundrum in retaining an egalitarian and participatory democracy ethos while seeking to expand their existing frame of leadership to being both more pragmatic and oriented towards active involvement in government. -
Sub-National Second Chambers and Regional Representation: International Experiences Submission to Kelkar Committee on Maharashtra
Sub-national Second Chambers and regional representation: International Experiences Submission to Kelkar Committee on Maharashtra By Rupak Chattopadhyay October 2011 The principle of the upper house of the legislature being a house of legislative review is well established in federal and non-federal countries like. Historically from the 17th century onwards, upper houses were constituted to represent the legislative interests of conservative and corporative elements (House of Lords in the UK or Senate in Bavaria or Bundesrat in Imperial Germany) against those of the ‘people’ as represented by elected lower houses (e.g. House of Commons). The United States became the first to use the upper house as the federating chamber for the country. This second model of bicameralism is that associated with the influential ‘federal’ example of the US Constitution, in which the second chamber was conceived as a ‘house of the states’. It has been said in this regard that federal systems of government are highly conducive to bicameralism in which a senate serves as a federal house whose members are selected to represent the states or provinces, with each constituent state provided equal representation. The Australian Senate was conceived along similar lines, with the Constitution guaranteeing each state, again regardless of its population, an equal number of senators. At present, the Australian Senate consists of 76 senators, 12 from each of the six states and two from each of the mainland territories.60 The best contemporary example of a second chamber which does, in fact, operate as an effective ‘house of the states’ is the German Bundesrat, members of which are appointed by state governments from amongst their members, with each state having between three and six representatives, depending on population. -
3. Scrutiny Mechanisms
3. Scrutiny Mechanisms Contents Summary 53 Policy development and legislative drafting 55 Drafting and policy development 55 Explanatory material 56 Consultation on draft Bills 57 Parliamentary scrutiny processes 58 Senate Standing Committee on Regulations and Ordinances 58 Senate Standing Committee for the Scrutiny of Bills 60 Parliamentary Joint Committee on Human Rights 61 Senate Standing Committee on Legal and Constitutional Affairs 62 Parliamentary Joint Committee on Intelligence and Security 63 Parliamentary Joint Committee on Law Enforcement 64 Other review mechanisms 65 Australian Human Rights Commission 65 Independent National Security Legislation Monitor 65 Australian Law Reform Commission 65 Efficacy of guidance materials and pre-legislative processes 66 Efficacy of scrutiny and review mechanisms 67 Overlapping parliamentary scrutiny 67 Statements of compatibility and explanatory memoranda 69 Time constraints and parliamentary consideration of Committee reports 71 Review bodies 75 Conclusion 75 Summary 3.1 Existing and proposed laws are scrutinised for compatibility with rights and principles, including the traditional rights and freedoms identified in the Terms of Reference for this Inquiry, at a number of stages and by a number of different agencies, bodies and institutions. This chapter outlines some of these processes for testing compatibility, with a particular focus on scrutiny of draft legislation by parliamentary Committees, and considers how the processes may be improved. 3.2 Scrutiny of laws for compatibility with rights may be seen as part of a ‘democratic culture of justification’—that is, a culture in which ‘every exercise of public power is expected to be justified by reference to reasons which are publicly 54 Traditional Rights and Freedoms available to be independently scrutinised for compatibility with society’s fundamental commitments’.1 3.3 Such scrutiny can provide a check on legislative interferences with rights. -
Risks and Opportunities for the Australia–Us Alliance
AGAINST COMPLACENCY: RISKS AND OPPORTUNITIES FOR THE AUSTRALIA–US ALLIANCE Richard Fontaine October 2016 Table of contents The United States Studies Centre at the University of Sydney deepens Australia’s understanding of the Foreword 01 United States through research, teaching and public Executive summary 02 engagement. Through rigorous analysis of American politics, foreign policy, economics, culture, and history, Introduction 04 the Centre has become a national resource, building Australia’s awareness of the dynamics shaping American An allied pivot to Asia 05 society — and critically — their implications for Australia. Against complacency: 07 The Centre’s Alliance 21 Program is a multi-year research Four risks to the alliance initiative that examines the historically strong Australia- United States relationship and works to address the Carpe occasionem: 14 challenges and opportunities ahead as the alliance Twelve alliance opportunities evolves in a changing Asia. The Australian Government and corporate partners Boral, Dow, News Corp Australia, The ostrich or the emu? 18 and Northrop Grumman Australia support the program’s second phase, which commenced in July 2015 and is The American election 19 focused on the following core research areas: defence and the Australian alliance and security; resource sustainability; alliance systems in Asia; and trade, investment, and business innovation. Endnotes 20 The Alliance 21 Program receives funding support from About the author 23 the following partners. Research conclusions are derived independently and authors represent their own view not those of the United States Studies Centre. United States Studies Centre Institute Building (H03) The University of Sydney NSW 2006 Alliance 21 Fellowship partner Australia Phone: +61 2 9351 7249 Email: [email protected] Twitter: @ussc Website: ussc.edu.au UNITED STATES STUDIES CENTRE | ALLIANCE 21 PROGRAM AGAINST COMPLACENCY: RISKS AND OPPORTUNITIES FOR THE AUSTRALIA-US ALLIANCE Foreword In November 2014 the White House announced the is the result of those deliberations. -
THE UNIVERSITY of WESTERN AUSTRALIA LAW REVIEW Volume 42(1) May 2017
THE UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW Volume 42(1) May 2017 Articles Ministerial Advisers and the Australian Constitution Yee‐Fui Ng .............................................................................................................. 1 All-Embracing Approaches to Constitutional Interpretation & ‘Moderate Originalism’ Stephen Puttick ........................................................................................................ 30 A Proportionate Burden: Revisiting the Constitutionality of Optional Preferential Voting Eric Chan ................................................................................................................ 57 London & New Mashonaland Exploration Co Ltd v New Mashonaland Exploration Co Ltd: Is It Authority That Directors Can Compete with the Company? Dominique Le Miere ............................................................................................... 98 Claims Relating to Possession of a Ship: Wilmington Trust Company (Trustee) v The Ship “Houston” [2016] FCA 1349 Mohammud Jaamae Hafeez‐Baig and Jordan English ......................................... 128 Intimidation, Consent and the Role of Holistic Judgments in Australian Rape Law Jonathan Crowe and Lara Sveinsson..................................................................... 136 Young Offenders Act 1984 (WA), Section 126 Special Orders: Extra Punitive Sentencing Legislation for Juveniles’ Craig Astill and William Yoo .......................................................................... 155 From Down -
Bicameralism
Bicameralism International IDEA Constitution-Building Primer 2 Bicameralism International IDEA Constitution-Building Primer 2 Elliot Bulmer © 2017 International Institute for Democracy and Electoral Assistance (International IDEA) Second edition First published in 2014 by International IDEA International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The electronic version of this publication is available under a Creative Commons Attribute-NonCommercial- ShareAlike 3.0 (CC BY-NC-SA 3.0) licence. You are free to copy, distribute and transmit the publication as well as to remix and adapt it, provided it is only for non-commercial purposes, that you appropriately attribute the publication, and that you distribute it under an identical licence. For more information on this licence visit the Creative Commons website: <http://creativecommons.org/licenses/by-nc-sa/3.0/> International IDEA Strömsborg SE–103 34 Stockholm Sweden Telephone: +46 8 698 37 00 Email: [email protected] Website: <http://www.idea.int> Cover design: International IDEA Cover illustration: © 123RF, <http://www.123rf.com> Produced using Booktype: <https://booktype.pro> ISBN: 978-91-7671-107-1 Contents 1. Introduction ............................................................................................................. 3 Advantages of bicameralism.....................................................................................