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Law and Democracy »
Contemporary Questions
Edited by: Glenn Patmore, Kim Rubenstein
Publication date: December 2014
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices:
How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?
How do developing judicial conceptions of democracy define citizenship?
What is the legal right to participate in the political community?
Should political advisors to Ministers be subject to legal accountability mechanisms?
What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?
How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?
How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?
What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media?
Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context.
The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
Name, Shame and Blame »
Criminalising Consensual Sex in Papua New Guinea
Authored by: Christine Stewart
Publication date: December 2014
Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved.
Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform.
This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book.
—Professor Sally Engle Merry, Anthropology, Law and Society, New York University
This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional.
—Laura Zimmer-Tamakoshi, Truman State University (retired)
Looking for Love in the Legal Discourse of Marriage »
Authored by: Renata Grossi
Publication date: September 2014
This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.
Agenda - A Journal of Policy Analysis and Reform: Volume 20, Number 2, 2013 »
Publication date: December 2013
Agenda is a refereed, ECONLIT-indexed and RePEc-listed journal of the College of Business and Economics, The Australian National University. Launched in 1994, Agenda provides a forum for debate on public policy, mainly (but not exclusively) in Australia and New Zealand. It deals largely with economic issues but gives space to social and legal policy and also to the moral and philosophical foundations and implications of policy.
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Professionalism in the Information and Communication Technology Industry »
Edited by: John Weckert, Richard Lucas
Publication date: October 2013
Professionalism is arguably more important in some occupations than in others. It is vital in some because of the life and death decisions that must be made, for example in medicine. In others the rapidly changing nature of the occupation makes efficient regulation difficult and so the professional behaviour of the practitioners is central to the good functioning of that occupation. The core idea behind this book is that Information and Communication Technology (ICT) is changing so quickly that professional behaviour of its practitioners is vital because regulation will always lag behind.
Election 2007 »
The Shift to Limited Preferential Voting in Papua New Guinea
Edited by: R.J. May, Ray Anere, Nicole Haley, Katherine Wheen
Publication date: September 2013
Papua New Guinea’s general election in 2007 attracted particular interest for several reasons. Not only did it follow what was widely acknowledged as the country’s worst election ever, in 2002 (in which elections in six of the country’s 109 electorates were declared to be ‘failed elections’), it was the first general election to be held under a new limited preferential voting system. It also followed the first full parliamentary term under the Organic Law on the Integrity of Political Parties and Candidates, which had been introduced in 2001 in an attempt to strengthen political parties and create a greater degree of stability in the national parliament, and was the first to embrace a ‘whole-of-government’ approach to electoral administration, through an Interdepartmental Electoral Committee. This volume provides an analysis of the 2007 election, drawing on the work of a domestic monitoring team organized through the National Research Institute, and several visiting scholars. It addresses key issues such as voter education, electoral administration, election security, the role of political parties, women as candidates and voters, the shift to limited preferential voting, and HIV transmission, and provides detailed accounts of the election in a number of open and provincial electorates. It is generally agreed that the election of 2007 was an improvement on that of 2002. But problems of electoral administration and voting behaviour remain. These are identified in this volume, and recommendations made for electoral reform.
Putting Citizens First »
Engagement in Policy and Service Delivery for the 21st Century
Publication date: August 2013
This book explores the ways in which governments are putting citizens first in their policy-making endeavours. Making citizens the focus of policy interventions and involving them in the delivery and design is for many governments a normative ideal; it is a worthy objective and sounds easy to achieve. But the reality is that putting citizens at the centre of policy-making is hard and confronting. Are governments really serious in their ambitions to put citizens first? Are they prepared for the challenges and demands such an approach will demand? Are they prepared to commit the time and resources to ensure genuine engagement takes place and that citizens’ interests are considered foremost? And, more importantly, are governments prepared for the trade-offs, risks and loss of control such citizen-centric approaches will inevitably involve?
The book is divided into five parts:
setting the scene: The evolving landscape for citizen engagement
drivers for change: Innovations in citizen-centric governance
case studies in land management and Indigenous empowerment
case studies in fostering community engagement and connectedness
case studies engaging with information technology and new media.
While some chapters question how far governments can go in engaging with citizens, many point to successful examples of actual engagement that enhanced policy experiences and improved service delivery. The various authors make clear that citizen engagement is not restricted to the domain of service delivery, but if taken seriously affects the ways governments conduct their activities across all agencies. The implications are enormous, but the benefits to public policy may be enormous too.
Discretion and Public Benefit in a Regulatory Agency »
The Australian Authorisation Process
Authored by: Vijaya Nagarajan
Publication date: July 2013
This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator’s use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators.
… a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging—on both empirical and normative policy oriented grounds—a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations.
— Professor Christine Parker
The data Vij Nagarajan has analysed is quite unique in its focus. It is a kind of data and analysis that has not been completed before in the international literature. It is well written, theoretically sophisticated and incisive in its policy analysis.
— John Braithwaite
The Governance of Common Property in the Pacific Region »
Edited by: Peter Larmour
Publication date: March 2013
In a region where mining, forestry, fish and other primary resources are so basic to income, employment and national prosperity, an understanding of rights to land, water and minerals is fundamental. Tenure regimes in the Asia-Pacific region are vastly more diverse and complex than in those of any other part of the world for comparable population numbers. These studies will overcome the simplistic misunderstandings that have obscured understanding in so many instances.
This book provides an up-to-date overview of the main patterns of indigenous property rights, particularly those held by corporate groups, in the South Pacific Forum region (Australia, New Zealand and the independent Pacific island nations) plus a valuable comparative chapter on Canada. It explores the relative success and failure of a variety of approaches to the management of these complex systems, and offers insights and suggestions for the amelioration of present and likely future stresses in the systems. It is a valuable contribution to the understanding of both governance and property, and to the effective sociopolitical development of the region.
- Ron Crocombe, Emeritus Professor, University of the South Pacific
Selling the Sea, Fishing for Power »
A study of conflict over marine tenure in Kei Islands, Eastern Indonesia
Authored by: Dedi Supriadi Adhuri
Publication date: March 2013
By analysing various conflicts, this book discusses the social, political, economic and legal attributes that are attached to the practice of traditional (communal) marine tenure. Selling the Sea pushes the discourse beyond the conventional approach which looks at marine tenure only as a means of resource management, and offers a more comprehensive understanding of what marine tenure is. For those working in the areas of marine resource management and fisheries, this book is a critical but also complementary reading to the conventional discourse on the issue.