Monash University Law Review最新文献_第3页

Joint Trials and Prejudice: A Review and Critique of the Report to the Royal Commission Into Institutional Child Sex Abuse 联合审判与偏见:对皇家委员会机构儿童性虐待报告的回顾与批评

Monash University Law Review Pub Date : 2018-06-06 DOI: 10.26180/5DB8096E51375

P. M. Robinson

引用次数: 0

I Think It’s Okay … But It’s Racist, It’s Bad Racism' — Aboriginal Children and Young People’s Views about the Intervention 我认为这还好，但这是种族主义，是恶劣的种族主义”——原住民儿童和年轻人对干预的看法

Monash University Law Review Pub Date : 2017-10-02 DOI: 10.26180/5DB80864F0DB1

Holly Doel-Mackaway

{"title":"I Think It’s Okay … But It’s Racist, It’s Bad Racism' — Aboriginal Children and Young People’s Views about the Intervention","authors":"Holly Doel-Mackaway","doi":"10.26180/5DB80864F0DB1","DOIUrl":"https://doi.org/10.26180/5DB80864F0DB1","url":null,"abstract":"Field research conducted in the Northern Territory sought Aboriginal children and young people's views about the 'Intervention' and revealed the impact of these measures on their lives, on Aboriginal peoples and in Aboriginal communities. Research participants articulated detailed knowledge about the Intervention and expressed their nuanced views about two key measures: income management through the BasicsCard, and alcohol regulation through the 'blue and white warning signs' that were placed at the entrance to all prescribed communities. Most participants said the BasicsCard positively impacted aspects of their lives, yet nearly all participants were unaware that the BasicsCard targeted Aboriginal peoples and upon learning this children and young people assessed the measure as 'bad racism'. Participants unanimously agreed that the blue and white warning signs were an ineffective regulatory measure that negatively impacted their lives by 'shaming' communities and making them 'look bad'. This research is significant because it (a) presents the first academic accounts from Aboriginal children and young people detailing their views about the Intervention; (b) demonstrates Aboriginal children and young people's agency and capacity to express informed views about complex matters such as legislation and policy; and (c) shows that the involvement of Aboriginal children and young people in the design of laws and policies likely to affect them is not only the Australian government's responsibility under art 12 of the Convention on the Rights of the Child, and Australia's obligation under art 19 of the Declaration on the Rights of Indigenous Peoples, but is an effective and necessary precondition for the development of relevant, culturally appropriate and durable laws and policies that advance Aboriginal children and young people's human rights.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"16 1 1","pages":"76-112"},"PeriodicalIF":0.0,"publicationDate":"2017-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83745562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

The Australian Constitution's Religious Tests Clause as an Anti-Discrimination Provision 澳大利亚宪法中作为反歧视条款的宗教考试条款

Monash University Law Review Pub Date : 2017-03-29 DOI: 10.26180/5DB807D8695D1

Luke Beck

引用次数: 0

Not Free to Roam: Misleading Food Credence Claims, the ACCC and the Need for Corporate Social Responsibility 不能自由漫游:误导食品信誉声明，ACCC和企业社会责任的必要性

Monash University Law Review Pub Date : 2017-01-01 DOI: 10.26180/5DB80871F4039

Sharne Hobill, Jay Sanderson

{"title":"Not Free to Roam: Misleading Food Credence Claims, the ACCC and the Need for Corporate Social Responsibility","authors":"Sharne Hobill, Jay Sanderson","doi":"10.26180/5DB80871F4039","DOIUrl":"https://doi.org/10.26180/5DB80871F4039","url":null,"abstract":"This article explores misleading food credence claims. The article commences by drawing attention to a concomitant increase in differentiated foods (eg locally sourced, free-range or ‘healthy’) and information asymmetry (ie where food businesses possess more accurate and useful information than consumers). The article then examines attempts by the Australian Competition and Consumer Commission (‘ACCC’) to deter misleading food credence claims and identifies a taxonomy of misleading food credence claims including those made about a food’s: (i) provenance; (ii) manufacture or production; and (iii) qualities or characteristics. The article then situates the ACCC’s efforts within the dialectic of Corporate Social Irresponsibility (‘CSI’) and Corporate Social Responsibility (‘CSR’), and in so doing, within regulatory theory that espouses a mix of deterrence and cooperation. We argue that while the ACCC plays a crucial role in deterring misleading food credence claims its focus is on CSI: meaning that more needs to be done to encourage CSR in relation to accurate and unbiased food credence claims. By treating food credence claims as a matter of CSR, food businesses can support informed decision-making and perhaps even contribute to better health outcomes. Indeed, conceptualising food credence claims as CSR is an important and necessary step in ensuring that honest and accurate food credence claims become the norm, not just the law.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"43 1","pages":"113-147"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75319444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

EVIDENCE OF INTOXICATION IN AUSTRALIAN CRIMINAL COURTS : A COMPLEX VARIABLE WITH MULTIPLE EFFECTS 澳大利亚刑事法庭的醉酒证据:一个具有多重影响的复杂变量

Monash University Law Review Pub Date : 2017-01-01 DOI: 10.26180/5DB808801DBF1

Luke McNamara, Julia Quilter, Kate Seear, R. Room

{"title":"EVIDENCE OF INTOXICATION IN AUSTRALIAN CRIMINAL COURTS : A COMPLEX VARIABLE WITH MULTIPLE EFFECTS","authors":"Luke McNamara, Julia Quilter, Kate Seear, R. Room","doi":"10.26180/5DB808801DBF1","DOIUrl":"https://doi.org/10.26180/5DB808801DBF1","url":null,"abstract":"This article reports on the second stage of a national study of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. Based on a mixed methods analysis of more than 300 appellate court decisions from all Australian jurisdictions handed down in the period 2010–2014, we identify the multiple points at which legal significance is attached to evidence that the accused, the victim or a witness was ‘intoxicated’ at the time of the alleged commission of a criminal offence. Focusing on the rules and principles endorsed by appellate courts in relation to four key ‘sites’ of criminal justice decision-making — the admissibility of police interviews, the credibility and reliability of witness testimony, adjudication on the criminal responsibility of the accused, and determination of sentence for convicted offenders — we show that the impact of intoxication on the enforcement of the criminal law is complex. There is no single characterisation that can account for the multiple points at which intoxication may need to be assessed, and the divergent ways in which it can impact on adjudication. Depending on a range of site-specific and case-specific considerations, intoxication evidence may expand/contract the parameters of criminal responsibility, and it may yield higher or lower criminal penalties.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"9 1","pages":"148-194"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75942888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

The public interest, representative government and the 'legitimate ends' of restricting political speech 公共利益、代议制政府和限制政治言论的“合法目的”

Monash University Law Review Pub Date : 2017-01-01 DOI: 10.26180/5DB8084802EF2

Samuel J Murray

{"title":"The public interest, representative government and the 'legitimate ends' of restricting political speech","authors":"Samuel J Murray","doi":"10.26180/5DB8084802EF2","DOIUrl":"https://doi.org/10.26180/5DB8084802EF2","url":null,"abstract":"The question of what constitutes a 'legitimate end' for burdening the implied freedom of political communication has remained unclear and divisive for nearly two decades, in spite of the unanimity of the High Court in Lange v Australian Broadcasting Corporation (1997) 189 CLR 520. Until recently, the test for 'legitimate ends' appeared to require evaluation by the High Court of the 'public interest' that the impugned legislation was directed at. However, the ambiguous operation of 'legitimacy testing' has now been simultaneously clarified and problematised by the High Court in McCloy v New South Wales (2015) 257 CLR 178. In that case the High Court switched the focus of legitimacy testing from an impugned purpose's eff ect on the 'public interest' to its eff ect on 'representative government'. This article examines how the bare majority's judgment in McCloy has both removed some confusion, but also laid the groundwork for continued uncertainty in other respects, and places the landmark decision in the wider context of legitimacy testing. In particular, questions remain concerning the continued role of public interest considerations and what constitutes 'representative and responsible government prescribed by the Constitution'.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"45 1","pages":"1"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85165266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fair use and fairness in copyright: A distributive justice perspective on users' rights 版权的合理使用与公平:用户权利的分配正义视角

Monash University Law Review Pub Date : 2017-01-01 DOI: 10.26180/5DB808AB07C90

Ezieddin Elmahjub, Nicolas Suzor

引用次数: 7

To arrest or not to arrest the incumbent head of state: the Bashir case and the interplay between law and politics 逮捕或不逮捕现任国家元首:巴希尔案和法律与政治之间的相互作用

Monash University Law Review Pub Date : 2016-01-01 DOI: 10.2139/SSRN.3060963

Jadranka Petrović, Dale Stephens, Vasko Nastevski

{"title":"To arrest or not to arrest the incumbent head of state: the Bashir case and the interplay between law and politics","authors":"Jadranka Petrović, Dale Stephens, Vasko Nastevski","doi":"10.2139/SSRN.3060963","DOIUrl":"https://doi.org/10.2139/SSRN.3060963","url":null,"abstract":"In 2009, Sudanese President Omar Hassan Ahmad Al Bashir (‘President Bashir’) was indicted by the International Criminal Court (‘ICC’) on charges of war crimes and crimes against humanity over the conflict in the western region of Darfur, Sudan. The following year the ICC charged President Bashir with genocide over events in Darfur, where allegedly more than 300 000 people have died and more than two million people have been displaced since 2003. Before the ICC can prosecute President Bashir, it has to obtain custody over him. As a judicial institution without power to arrest those it indicts, the Court relies on national authorities. States to which President Bashir has travelled since the warrants for his arrest have been issued have been reluctant to arrest and surrender President Bashir to the ICC justifying their refusal by the head of state immunity argument. By focusing on the specific response of the South African government to the ICC’s arrest warrant against President Bashir in June 2015, this article considers the question of whether states must cooperate with the ICC in instances of an arrest warrant against a sitting head of state of a non-state party and observes the broader implications of state responses similar to the South African case.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"17 1","pages":"740-782"},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84787595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Claiming justice in injury law

Monash University Law Review Pub Date : 2015-07-24 DOI: 10.2139/SSRN.2635258

Genevieve Grant

引用次数: 3

Leave Your Hat on? Head of State Immunity and Pinochet 不戴帽子?国家元首豁免和皮诺切特

Monash University Law Review Pub Date : 2015-06-05 DOI: 10.2139/SSRN.2614899

A. Mitchell

{"title":"Leave Your Hat on? Head of State Immunity and Pinochet","authors":"A. Mitchell","doi":"10.2139/SSRN.2614899","DOIUrl":"https://doi.org/10.2139/SSRN.2614899","url":null,"abstract":"Pinochet represents a victory for international human rights law. Faced with the traditional doctrine of head of state immunity, jus cogens crimes have triumphed. The House of Lords has recognised that certain crimes cannot be excused, and thus marked the beginning of the end of the age of impunity. The implications of the decision extend far beyond Pinochet's trial. They include the possibility of other perpetrators of serious international crimes being brought to justice. However, the decision also heralds a new uncertainty. A broad head of state immunity has been replaced with the potential for a somewhat indeterminate and uncodifed set of jus cogens crimes being applied selectively and interpreted differently by the national courts of powerful countries. While it is easy to overstate the potential disruptive effect the decision could have on international relations, it is certainly true that it underscores the need for the new ICC, with its defined crimes, independence and jurisdiction based on the consent of states. While states may have originally viewed the ICC as an unwelcome intrusion into state sovereignty, the Pinochet decision could well change that view. States may consider it better to concede some sovereignty to the ICC than to lose even more through the enforcement of international human rights by the national courts of other states. Governments have repeatedly said that crimes such as hostage taking and torture are unacceptable and that those responsible should be called to justice. The House of Lords has given substance to that rhetoric, but national courts are a poor second choice in the prosecution of international crimes. Now it is up to governments to support the ICC and move these matters to a truly international forum.","PeriodicalId":44672,"journal":{"name":"Monash University Law Review","volume":"3 1","pages":"225"},"PeriodicalIF":0.0,"publicationDate":"2015-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90086081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2