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Navigating Dual Legal Systems 驾驭双重法律体系
The University of Queensland law journal Pub Date : 2022-05-02 DOI: 10.38127/uqlj.v41i1.6483
Brooke Thompson
{"title":"Navigating Dual Legal Systems","authors":"Brooke Thompson","doi":"10.38127/uqlj.v41i1.6483","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6483","url":null,"abstract":"This article explains the distinctive nature of Islamic inheritance law and considers the extent to which Muslim residents in Australia can assimilate their faith-based obligations with their country-based obligations in matters of inheritance. The article identifies conflict in the Islamic and Australian intestacy rules and sets out three ways that Muslims can manage this conflict. The article considers the scope for, and feasibility of, the execution of Islamic wills in Australia to demonstrate how they assist Muslims to comply with their religious inheritance obligations. While there is no manifest inadequacy in the current legal framework that impedes Muslims from maintaining an Islamic inheritance, the article establishes two instances where Muslims remain at a disadvantage and adds to calls for reform in the area of family provision.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45254944","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
Breathing Life into the Human Rights Act 2019 (Qld) 《为2019年人权法案注入活力》(昆士兰州)
The University of Queensland law journal Pub Date : 2022-03-03 DOI: 10.38127/uqlj.v41i1.6351
K. Blore, Brenna Booth-Marxson
{"title":"Breathing Life into the Human Rights Act 2019 (Qld)","authors":"K. Blore, Brenna Booth-Marxson","doi":"10.38127/uqlj.v41i1.6351","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6351","url":null,"abstract":"Much of the work of government is carried out by public servants with the assistance of lawyers. Because the Human Rights Act 2019 (Qld) (‘Human Rights Act’) is intended to change the way government works, it also has consequences for the way public servants and lawyers carry out the work of government. This article explores the impact of the Human Rights Act on the ethical duties of public servants to give frank advice and to implement policy decisions faithfully, as well as the ethical duty of lawyers to act in their client’s best interests. While the Human Rights Act brings a new rigour to the frank advice that public servants must give, they must still respect the ultimate decision of the government of the day. Similarly, the Human Rights Act brings lawyers closer to the edge of legal and policy advice, but this article puts forward a ‘supervisory’ approach as one way that lawyers can avoid straying too far into policy development and debate. The Human Rights Act breathes new life into old ethical duties by reminding us of the importance of candour and fidelity. Equally, frank advice and collaboration between lawyers and policy officers breathe life into the ambition of the Human Rights Act. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48087834","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
Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States 土著和托雷斯海峡岛民、法律改革和国家回归
The University of Queensland law journal Pub Date : 2022-03-03 DOI: 10.38127/uqlj.v41i1.6353
Dani Larkin, H. Hobbs, Dylan Lino, A. Maguire
{"title":"Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States","authors":"Dani Larkin, H. Hobbs, Dylan Lino, A. Maguire","doi":"10.38127/uqlj.v41i1.6353","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6353","url":null,"abstract":"Aboriginal and Torres Strait Islander peoples have long called for structural reform to Australia’s institutional framework to protect and promote their rights. In recent years, however, state and territory governments have proven more receptive to Aboriginal and Torres Strait Islander peoples’ advocacy than the Commonwealth. In this article, we identify and map the return of the states and territories — and the retreat of the Commonwealth — in Indigenous law reform. While substantial progress has been made, significant risks are involved in the pursuit of subnational reform. It remains imperative that the Commonwealth government meaningfully engage with the aspirations of Aboriginal and Torres Strait Islander peoples as recorded in the Uluru Statement from the Heart. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44353522","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
Should Judges Join In? A Normative Study of Joint Judgments in Selected Australian Intermediate Appellate Courts 法官应该加入吗？澳大利亚中级上诉法院联合判决规范性研究
The University of Queensland law journal Pub Date : 2022-02-01 DOI: 10.38127/uqlj.v40i3.6241
James Anthony John Dunn
{"title":"Should Judges Join In? A Normative Study of Joint Judgments in Selected Australian Intermediate Appellate Courts","authors":"James Anthony John Dunn","doi":"10.38127/uqlj.v40i3.6241","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6241","url":null,"abstract":"In the light of both the Chief Justice of the High Court of Australia Susan Kiefel’s extra-judicial comments on the ‘institutional responsibility’ of appellate courts to decide cases by joint judgment where possible, and literature that indicates an increase in the expression of reasons through joint judgment in the High Court of Australia since the beginning of former Chief Justice Robert French’s tenure, there has been much debate on the desirability of joint judgments. In this article, I present empirical information on selected New South Wales and federal intermediate appellate court judgment writing practices from 2009 to 2019. I do so to address former President of the New South Wales Court of Appeal Margaret Beazley’s ‘dalliance on a curiosity’1 concerning both joint judgment trends and whether Australian intermediate appellate courts should, given the example set by certain Justices of the High Court, preference joined reasons to separate individual concurrences. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43100511","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
Foreword to UQLJ Special Edition on Climate Change, the Law and Legal Education 《气候变化、法律和法律教育特别版》前言
The University of Queensland law journal Pub Date : 2022-02-01 DOI: 10.38127/uqlj.v40i3.6237
Ben Batros
{"title":"Foreword to UQLJ Special Edition on Climate Change, the Law and Legal Education","authors":"Ben Batros","doi":"10.38127/uqlj.v40i3.6237","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6237","url":null,"abstract":"Few people reading this will need reminding of the challenge that climate change poses. The need for urgent action to address climate change is clear. While law cannot solve the climate crisis, lawyers can and must play an important part in our response.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70189916","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: 1
Regulating Hidden Risks to Conservation Lands in Resource Rich Areas 整治资源富集区保护区土地隐患
The University of Queensland law journal Pub Date : 2022-01-23 DOI: 10.38127/uqlj.v40i3.6217
Rebecca Nelson
{"title":"Regulating Hidden Risks to Conservation Lands in Resource Rich Areas","authors":"Rebecca Nelson","doi":"10.38127/uqlj.v40i3.6217","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6217","url":null,"abstract":"Australia leads the world in formally dedicating private land to environmental conservation, helping governments protect critical biodiversity without straining the public purse. In Queensland, the booming resources sector threatens this biodiversity protection, even beyond landholders’ well-recognised lack of veto power over mining approvals on their land. Three structural legal biases increase this vulnerability. To differing degrees, Queensland’s laws assume that mining affects only land under or adjoining mining tenures, overlooking scientifically likely longer-distance impacts (‘boundary bias’); they emphasise protecting built and commercial infrastructure over ecological assets, overlooking significant investment in species and ecosystems (‘infrastructure bias’); and they allow consideration of proposed mining in isolation, without considering cumulative impacts on ecological assets (‘singularity bias’). Fortunately, Queensland law and policy precedents suggest potential corrective reforms.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44350883","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: 1
First Nations Peoples, Climate Change, Human Rights and Legal Rights 第一民族，气候变化，人权和法律权利
The University of Queensland law journal Pub Date : 2021-12-13 DOI: 10.38127/uqlj.v40i3.6125
Narelle Bedford, Tony McAvoy SC, Lindsey Stevenson-Graf
{"title":"First Nations Peoples, Climate Change, Human Rights and Legal Rights","authors":"Narelle Bedford, Tony McAvoy SC, Lindsey Stevenson-Graf","doi":"10.38127/uqlj.v40i3.6125","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6125","url":null,"abstract":"This article provides a First Nations standpoint on climate change, informed by human rights law and legal education. It is co-authored by a Yuin woman who is a law academic, a Wirdi man who is a Queens Counsel, and a human rights law academic. The article argues that for any responses to climate change to be effective, they must be grounded in the perspectives, knowledge, and rights of First Nations peoples. The utility of human rights instruments to protect First Nation interests in a climate change milieu is explored at the international and domestic levels. Concomitantly, structural change must begin with the Indigenisation of legal education and the embedding of legal responses to climate change into the law curriculum. A holistic approach is necessary. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45972454","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
Climate Crisis, Legal Education and Law Student Well-Being 气候危机，法律教育和法律学生福利
The University of Queensland law journal Pub Date : 2021-12-01 DOI: 10.38127/uqlj.v40i3.6103
Monica M. Taylor
{"title":"Climate Crisis, Legal Education and Law Student Well-Being","authors":"Monica M. Taylor","doi":"10.38127/uqlj.v40i3.6103","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6103","url":null,"abstract":"This article addresses the impact of the climate crisis on the mental health of young people in the context of legal education. It reviews the evidence on youth mental health regarding the climate crisis and applies it to what is already known about law student well-being. Drawing on theories of learning design, the article considers a range of pedagogical strategies that law schools can use to engage students who are committed to action on climate change through law. A case study, the Climate Justice Initiative at The University of Queensland School of Law, is presented as one example of what is possible. This article emphasises the significance of a partnership approach to student engagement and contends that this may yield benefits especially in the context of climate change-related legal work. Despite the negative psychological impact of the climate crisis on law students, it concludes that there are practical activities that law schools can and should initiate to support student well-being. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45474339","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: 1
Why We Did This, What's Included, and What We Missed 我们为什么这么做，包括什么，我们错过了什么
The University of Queensland law journal Pub Date : 2021-12-01 DOI: 10.38127/uqlj.v40i3.6105
Danielle Ireland-Piper, Nick James
{"title":"Why We Did This, What's Included, and What We Missed","authors":"Danielle Ireland-Piper, Nick James","doi":"10.38127/uqlj.v40i3.6105","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6105","url":null,"abstract":"It is customary in an introduction for guest editors to explain the theme of the special issue and introduce the authors. While we intend to do both of these things, we also want to explain why we chose to undertake this project and address and acknowledge some omissions. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44776290","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
Teaching Private Law in a Climate Crisis 气候危机下的私法教学
The University of Queensland law journal Pub Date : 2021-11-10 DOI: 10.38127/uqlj.v40i3.6047
Nicole Graham
{"title":"Teaching Private Law in a Climate Crisis","authors":"Nicole Graham","doi":"10.38127/uqlj.v40i3.6047","DOIUrl":"https://doi.org/10.38127/uqlj.v40i3.6047","url":null,"abstract":"First Nations analyses, climate science, social science and legal research indicate the significant role of private law in facilitating the conditions of climate change. Private law is a contingent feature of planetary health because its key concepts and institutions concentrate the legal rights to capital — the goods of life — in the private sphere. Private entitlements can act as shields against collective interests. Reforming law to address the climate crisis involves greater regulation of private interests to pursue the global goal of sustaining organised human societies, and thus addressing conflict between individual freedoms and collective exigencies. Reform depends on a differently educated generation of legal thinkers and practitioners. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48332018","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: 1
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