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Publisher: RMIT Publishing   (Total: 397 journals)

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Showing 1 - 200 of 397 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 3)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 15)
Aboriginal Child at School     Full-text available via subscription   (Followers: 6)
About Performance     Full-text available via subscription   (Followers: 13)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 12)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 18)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 19, SJR: 0.198, CiteScore: 0)
Adelaide Law Review     Full-text available via subscription   (Followers: 23, SJR: 0.122, CiteScore: 0)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 6)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.123, CiteScore: 0)
Agricultural Science     Full-text available via subscription   (Followers: 2)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 13, SJR: 0.142, CiteScore: 0)
Analysis     Full-text available via subscription   (Followers: 3)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 6)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 3)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 5)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 15, SJR: 0.168, CiteScore: 0)
AQ - Australian Quarterly     Full-text available via subscription  
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 12)
Art Monthly Australia     Full-text available via subscription   (Followers: 10)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 11, SJR: 0.697, CiteScore: 2)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 4)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, CiteScore: 0)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 5)
Australasian Drama Studies     Full-text available via subscription   (Followers: 1)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7, SJR: 0.212, CiteScore: 0)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 5, SJR: 0.535, CiteScore: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 7, SJR: 0.123, CiteScore: 0)
Australasian J. of Human Security     Full-text available via subscription   (Followers: 1, SJR: 0.144, CiteScore: 0)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 8)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 1, SJR: 0.118, CiteScore: 0)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 2)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 3)
Australasian Music Research     Full-text available via subscription   (Followers: 4)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 34)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.13, CiteScore: 0)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 7)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription   (Followers: 1)
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 4)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 9)
Australian Art Education     Full-text available via subscription   (Followers: 8)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 2)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 1)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 9, SJR: 0.146, CiteScore: 0)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.317, CiteScore: 1)
Australian Field Ornithology     Full-text available via subscription   (Followers: 4, SJR: 0.209, CiteScore: 0)
Australian Forest Grower     Full-text available via subscription   (Followers: 4)
Australian Grain     Full-text available via subscription   (Followers: 2)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 4)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 21)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 22)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 4, SJR: 0.116, CiteScore: 0)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 15, SJR: 0.297, CiteScore: 0)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 14, SJR: 0.299, CiteScore: 1)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 4)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 9)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 5, SJR: 0.158, CiteScore: 0)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8, SJR: 0.1, CiteScore: 0)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 23, SJR: 0.354, CiteScore: 0)
Australian J. of French Studies     Full-text available via subscription   (Followers: 7, SJR: 0.123, CiteScore: 0)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 5)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 3, SJR: 0.282, CiteScore: 1)
Australian J. of Legal History     Full-text available via subscription   (Followers: 15)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 5, SJR: 0.119, CiteScore: 0)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 4)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 9, SJR: 0.549, CiteScore: 1)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 2, SJR: 0.511, CiteScore: 0)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.399, CiteScore: 1)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 7, SJR: 0.281, CiteScore: 1)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.156, CiteScore: 0)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 2)
Australian J.ism Review     Full-text available via subscription   (Followers: 8)
Australian Life Scientist     Full-text available via subscription   (Followers: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 5)
Australian Screen Education Online     Full-text available via subscription   (Followers: 3)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 2)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 4)
Australian Tax Forum     Full-text available via subscription   (Followers: 3)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 6)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 4)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 18, SJR: 0.183, CiteScore: 0)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 4)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 3)
Cancer Forum     Full-text available via subscription   (SJR: 0.115, CiteScore: 0)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.111, CiteScore: 0)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 4)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.563, CiteScore: 1)
Communication, Politics & Culture     Open Access   (Followers: 13)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 3)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 13)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 24, SJR: 1.032, CiteScore: 1)
Cultural Studies Review     Full-text available via subscription   (Followers: 16)
Culture Scope     Full-text available via subscription   (Followers: 4)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 13)
Dance Forum     Full-text available via subscription   (Followers: 6)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 4)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 20)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 8)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 3, SJR: 0.36, CiteScore: 1)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 20)
Education in Rural Australia     Full-text available via subscription   (Followers: 2)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 14)
Educational Research J.     Full-text available via subscription   (Followers: 18)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 3)
English in Aotearoa     Full-text available via subscription   (Followers: 2)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.18, CiteScore: 0)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 8)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
Eureka Street     Full-text available via subscription   (Followers: 5)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 10, SJR: 0.228, CiteScore: 1)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription   (Followers: 1)
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription   (Followers: 1)
Frontline     Full-text available via subscription   (Followers: 18)
Future Times     Full-text available via subscription   (Followers: 4)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription   (Followers: 3)
Geographical Education     Full-text available via subscription   (Followers: 2)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 8)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2, SJR: 0.1, CiteScore: 0)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 7)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription   (Followers: 4)
Headmark     Full-text available via subscription   (Followers: 2)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 8, SJR: 0.531, CiteScore: 1)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 2)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 9)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 3, SJR: 0.438, CiteScore: 1)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 4, SJR: 0.19, CiteScore: 0)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 2)
InCite     Full-text available via subscription   (Followers: 17)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 21)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 2)
Inside Film: If     Full-text available via subscription   (Followers: 6)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (SJR: 0.116, CiteScore: 0)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 11)
Interaction     Full-text available via subscription   (Followers: 4)
Intl. Employment Relations Review     Full-text available via subscription   (Followers: 3)
Intl. J. of Disability Management Research     Full-text available via subscription   (Followers: 3)
Intl. J. of e-Business Management     Full-text available via subscription  
Intl. J. of Employment Studies     Full-text available via subscription   (Followers: 8)

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High Court Quarterly Review, The
Number of Followers: 3  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 1449-9037
Published by RMIT Publishing Homepage  [397 journals]
  • Volume 5 Issue 3 - Jeffersonian Walls and Madisonian Lines: The Supreme
           Court's Use of History in Religion Clause Cases
    • Abstract: Hall, Mark David
      In 'Everson v. Board of Education', Justice Wiley Rutledge observed that - '[n]o provision of the Constitution is more closely tied to or given content by its generating history than the religious clause of the First Amendment. It is at once the refined product and the terse summation of that history. Scholars and activists argue about the relevance or irrelevance of the Supreme Court's use of history in general and the extent to which Justices are good historians. These debates have been particularly furious with respect to the Court's use of history in Religion Clause cases. Although broad claims are often made about the Court's use of history in these cases, they are either unsupported generalities or extrapolations from a careful reading of only a handful of the Court's many Free Exercise and Establishment Clause cases In this essay, I offer a systematic analysis of every Religion Clause case decided by the Supreme Court through 2009. I begin by providing original data drawn from the Court's Religion Clause cases that clearly and succinctly address the extent to which Justices have used history in their Religion Clause opinions and, when they do, to whom or what they appeal. I then look at the distribution of Religion Clause cases over time and consider whether there are patterns with respect to the Court's use of history. As well, I examine individual Justices to determine the extent to which they write opinions in Religion Clause cases, and how often they use history. In this discussion I define what it means to be -liberal or - conservative in Religion Clause cases and place Justices on an ideological continuum based upon every vote cast in these cases from 1940 to 2009. I follow this with an examination of the extent to which jurisprudential liberals and conservatives differ in their use of history. In the essay's penultimate section, I offer a narrative account of the Court's use of history in Religion Clause cases with an emphasis on opinions where Justices consciously reflect on the relevance or irrelevance of history.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 3 - Sociological Jurisprudence and Social Change: Tracing
           the Role of the Supreme Court of India
    • Abstract: Jain, Tarun
      To Roscoe Pound sociological jurisprudence aimed to "enable and compel law-making, and also interpretation and application of legal rules, to take more account, and more intelligent account of the social facts upon which law must proceed and to which it is to be applied." Accordingly, sociological jurists believe that abstract notions of rights should not bind judges. Instead, judges should consider the public interest and modern social conditions or "social facts" when interpreting the Constitution. Advocates of sociological jurisprudence also argued that the rule of law itself would sometimes need to be sacrificed to extralegal concerns. Sociological jurists believed that courts should consider public opinion when interpreting the Constitution because such opinion represented the evolving social mores of the community define the progress of the legal system while also summarising the duty of the judge in the evolution of this social process. The role of the judge, therefore, to ensure social progress rests undisputed. Evaluating the part played by the Supreme Court in this role, it goes without saying that the Court have indeed came up to the occasion almost whenever it was required to interpret and mould social norms and practices in line with the social aim that it envisaged for the national strata. In fact, as of today, the decisions of the Court are not just being tested on the touch stone of social justice but indeed they are being cited of as precursors to 'social rights'. It is argued that while evolving new remedies wherein the traditional statutory remedies had failed to deal with the exploitation at the hands of private individuals, the Court has pro-actively and vigorously taken up the cause of social justice and has gone to the extent of articulating newer social rights such as the right to food, right to health, right to education etc.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 2 - The Influence of Human Rights on Judicial
           Decision-making
    • Abstract: Branson, Catherine
      The article by the President of the Australian Human Rights Commission highlights the importance of human rights to judicial decision-making. It emphasizes how human rights impacts the law and the need to enforce human rights. Even without a Human Rights Act, it is necessary that judicial decisions should be influenced by human rights which in turn will have a real and positive impact on the culture of Australia.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 2 - Selecting Judges: Merit, Moral Courage, Judgment and
           Diversity
    • Abstract: Clarke, Anthony Peter
      The article states that the selection and appointment of judges ought to be made on the basis of basic principles. The candidates should be of good character and moral courage and should be chosen from a diversity of persons so that the best and meritorious candidates can be selected. Persons selected on the basis of such criteria will be able to act with moral courage and decide cases according to law without fear or favour in keeping with the commitment to the rule of the law.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 2 - Canada's Refusal to Repatriate a Canadian Citizen from
           Guantanamo Bay as a Violation of the Humanitarian Values Underlying the
           Principle of Non- Refoulement: a Reanalysis of 'Omar Ahmed Khadr v the
           Prime Minister of Canada'
    • Abstract: Grover, Sonja
      Omar Ahmed Khadr, a Canadian citizen charged with carrying out Al-Qaeda terrorist activities at age 15 in Afghanistan, is the only Westerner not yet repatriated from the U.S. detention facility at Guantanamo Bay. A recent 2009 Federal Court of Canada decision ordering the Canadian government to attempt to repatriate him has been lauded by human rights activists as a victory. However, the ruling ironically simultaneously undermines Canada's international human rights obligations. This by maintaining that but for the fact that agents from the Canadian Security and Intelligence Service (CSIS) interrogated Khadr at Guantanamo Bay, and were allegedly indirectly complicit in his purported torture, the positive obligation to respect Khadr's rights under international humanitarian and human rights law and the Canadian Charter would not have been engaged. Contrary to the Canadian Federal Court ruling, it is suggested that Canada's international humanitarian law obligations were alive irrespective of the involvement of CSIS in the case. Those obligations arose as a function of the jus cogens humanitarian ethic underlying the principle of non-refoulement which ethic underpins also the obligation to repatriate citizens to protect them against all significant maltreatment including torture by foreign authorities who have custody.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 1 - Exceptional Individuals Characterized by Professional
           Merit, Vision and Elan - Serving as Superior Court Judges - and a Radical
           Proposal to Increase Their Numbers
    • Abstract: Renaud, Gilles
      At a time when our cherished legal institutions are being attacked by all sides (and often unfairly) and when the men and women who form the judiciary are being criticised for reasons that are often ill informed and when the leaders of the Bar are pilloried for a variety of evils too numerous to describe but including their willingness to advance unpopular causes, it will be useful to pause to consider certain signal contributions to the advancement of justice by members of the higher judiciary and of the legal profession. Indeed, to remind ourselves that the leaders of our profession, on both sides of the Bar, have distinguished themselves by the excellence of their professional and personal contributions to society, resulting chiefly by two qualities: their vision and lan! In order to achieve this objective fully, I propose to review five texts published in the last six years. Initially, attention will be drawn to a brace of biographical books from Australia which describes the wonderful careers of two eminent judges, Sir Edward Woodward and Sir Ninian Stephen. The first is autobiographical1 while the second represents a collection of essays edited by T.L.H. McCormack and C. Saunders. Especial care will be taken to emphasise the various careers that both subjects have experienced after their resignation from the Bench to demonstrate the multiple talents of many such jurists.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 1 - Rethinking the Legitimacy of the Anglo-American High
           Courts' Judicial Review of Determining Factual Findings in Courts of the
           First Instance in Criminal Cases
    • Abstract: Hallevy, Gabriel
      In the Anglo-American legal systems factual findings are determined as part of the proceedings in the first instance, while the appeal proceedings and high courts discuss legal issues at appeals and do not examine the case as a new one (de novo). The remoteness of the high courts from the witnesses and evidence heard at the proceedings in the first instance lead to the high courts limiting judicial review of determining factual findings at the lower level proceedings. Nevertheless, the high courts have numerous and wide ranging possibilities to legitimately review the judicial decision relating to the determination of factual findings using objective judicial standards and the reasonableness standard. In addition, the involvement of the high courts in the factual findings determined by the proceedings in the first instance is both desirable and legitimate for correcting errors, which is the rationale for the appeal procedure in general, and not only at the high courts.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 5 Issue 1 - Punishing Persistent Offenders: Previous Convictions
           and the Sentencing Process [Book Review]
    • Abstract: Renaud, Gilles
      It is a daunting challenge to attempt to review a book which may well mark a breakthrough in our understanding (and subsequent judicial and legislative treatment) of so capital a subject in sentencing: the recidivist offender. In my opinion, this recent title in the well received Clarendon Studies in Criminology, published under the auspices of the Institute of Criminology, University of Cambridge, the Mannheim Centre, London School of Economics and the Centre for Criminological Research, University of Oxford, and the general editorship of Dr. Alison Liebling, will achieve this distinction. Written by Dr. Julian V. Roberts of the Centre of Criminology, Faculty of Law and Worcester College, University of Oxford, and an internationally respected authority on sentencing, this text holds great promise in terms of future orientation and directions in sanctioning offenders whose careers demonstrate persistency.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 4 Issue 3 - Toward Democratic Consolidation': The Argentine
           Supreme Court, Judicial Independence, and the Rule of Law
    • Abstract: Walker, Christopher J
      The role of the courts in consolidation is examined through the Argentine case study. Current state of the literature on democratization and the rule of law with respect to Latin America is outlined, Latin American judiciary and its influence on the rule of law is reviewed, the development of the judiciary and the rule of law in Argentina is evaluated.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 4 Issue 3 - The Extraterritorial Application of the Canadian
           Charter to Detainees in Canadian Military Custody: A Re-examination of the
           Federal Court of Canada Case Amnesty International Canada v. Canada
           (Canadian Forces)
    • Abstract: Grover, Sonja
      In Amnesty International Canada v. Canada (Canadian Forces), the Federal Court of Canada held that the Canadian Charter of Rights and Freedoms does not protect against the transfer of detainees held by Canadian Forces to Afghan authorities even if the transfer exposes detainees to a substantial risk of torture. This paper sets out the legal basis for extension of the Canadian Charter to the detainees. The argument is made that international law principles themselves prohibit the abrogation or derogation from a higher standard of human rights protection potentially available to a vulnerable group. It is explained how that principle applies in this case. The paper thus examines the question of extraterritorial jurisdiction in the application of human rights protections. The interplay between international law and the domestic human rights law of the State when on foreign soil with effective military custody and control over foreign detainees is explored.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 4 Issue 2 - The Challenges We Face
    • Abstract:
      Chief Justice of Canada shares his perspective on justice in courts and the challenges that is faced in assuring Canadian men, women and children a just and efficacious justice process. He speaks about the challenges of access to justice, long trials, and delays in the justice system, and dealing with deeply rooted, endemic social problems.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 4 Issue 2 - Human Rights Are Majority Rights
    • Abstract:
      Lord chancellor and secretary of state for constitutional affairs delivered this speech on human rights. In it he argues that: human rights and our human rights legislation is vitally important to this country now, and that the legislation is important not just for the few, but for the many that in looking and continuing to look at the effects and impact of the legislation on our laws and our practices, our conclusion, based on the evidence we have so far, is that the legislation has neither caused a crisis in our courts nor changed the nature of our law that, far from that effect, the legislation has in fact had a profound effect on policy and decision making throughout the State; and that as a result, the Human Rights Act guarantees protection not just for minorities, but for everyone: that human rights are mainstream, not marginalHe speaks about human rights legislation, its impact and effect and opines that it is necessary and vital part of democracy.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 4 Issue 1 - The Evolution of Treaty Jurisprudence
    • Abstract: Baragwanath, David
      This paper deals with the jurisprudence for the various treaties in Australia. The various treaties are also explained. Few of the famous treaties like 'Treaty of Waitangi' is explained with the laws and legal status of the Maori people in New Zealand.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 4 Issue 1 - Some Legal Scenery
    • Abstract: Gleeson, Murray
      It used to be said of some elderly judges that they owed much of their legal knowledge to the fact that anyone who regularly makes the same journey for a sufficient time will become acquainted with some of the scenery along the way. This article deals with the judges controlling the criminal cases. The various processes and the administration of the judges in Australia is also discussed.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 4 - High Court Sentencing Jurisprudence
    • Abstract: Edney, Richard
      Sentencing law in Australia has traditionally lacked an overarching framework and has suffered from a lack of doctrinal coherency. To a large degree this has occurred as a result of sentencing principles set out by the High Court. This paper examines the sentencing jurisprudence emanating from the High Court. This jurisprudence has resulted in the maturation of Australian criminal law and importantly has seen the articulation of distinct Australian sentencing principles.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 4 - Educating Judges - What Do We Need'
    • Abstract: Underwood, Peter
      Judicial education is no longer seen as requiring justification. We are past the stage of arguing about whether there should be formal arrangements for orientation and instruction of newly appointed judges and magistrates, and for their continuing education. This paper deals with the power of judges in Australia and the educational facilities provided to them to control the judicial administration.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 3 - Anaysis of Limitation Clauses in the Victorian and ACT
           Human Rights Acts
    • Abstract: Bagaric, Mirko
      An analysis of the limitation clauses in the Victorian Charter of Human Rights and Responsibilities Act 2006 is presented. It is observed that the concepts employed in the Act provide little guidance to decision makers regarding the circumstances in which rights should be shortened.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 3 - Out of the Blue: The Emergence of Indigenous Sentencing
           Jurisprudence in Victoria
    • Abstract: Edney, Richard
      The Supreme Court of Victoria's decision in Fuller-Cust case redressed the omission of Indigenous persons in the Victorian criminal justice system. This decision extended the scope of existing authorities on aboriginality and sentencing.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 2 - The Rooker-Feldman Doctrine Since Exxon Mobil
           Corporation V. Saudi Basic Industries Corporation: towards a Workable
           Interpretation that Maintains the Proper Boundaries of Federal
           Jurisdiction
    • Abstract: Massey, David B
      The Rooker-Feldman doctrine is an important tool used to limit federal jurisdiction over appeals from state court judgements. Although the doctrine's objective seems deceptively simple, its frequent application has so confounded federal courts that Justice John Paul Stevens recently stated that the doctrine has "produced nothing but mischief for 23 years." Nevertheless, federal courts continue to regularly apply the doctrine, reaching widely disparate conclusions regarding its proper application. In 2005, the Supreme Court of the United States decided Exxon Mobil Corporation v. Saudi Basic Industries Corporation, a seminal case that redefined and narrowed the doctrine. Although the Court established four elements required for Rooker-Feldman's application, federal courts continue to offer a wide variety of interpretations regarding the proper application of these elements. This note argues that while the Court narrowed the doctrine, an optimal interpretation should not eviscerate the doctrine's core purpose of restricting federal jurisdiction over appeals from state court judgements. By analysing the benefits and deficiencies of each interpretation taken by the courts of appeal, this note argues that the most narrow interpretation would undermine the doctrine's primary objectives and that a broader approach, in keeping with the mandates of Exxon, best tailors the doctrine to achieve its intended purpose.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 2 - Paddling the Stream of Commerce: The Supreme Court's
           Need to Cautiously Re-examine One Aspect of Personal Jurisdiction, and the
           Judicial and Financial Consequences Resulting from Current Approaches
    • Abstract: McAllister, Levi
      The evolution of personal jurisdiction and the stream of commerce doctrines are reviewed and the three approaches articulated in Asahi examined. Analysis is presented on the potential consequences resulted from continued application of either of approaches presented by Justice O'Connor or Justice Brennan in Asahi.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 1 - Exploring the Judicial Philosophy and Intellectual
           Independence of John Marshall Harlan I: A Temporal Examination across
           Three Chief Justices
    • Abstract: Yacoubian, George S
      Given the influence that necessarily accompanies the position of Chief Justice, and Justice Harlan's position of having served with three different Chief Justices, the current essay explores the intellectual relationship between Justice Harlan and the three Chief Justices with whom he served. Specifically, an empirical exploration attempts to determine whether Justice Harlan's judicial philosophy and decision making were influenced by the three Chief Justices with whom he served or whether he remained intellectually independent throughout his thirty-four year career on the Court.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 3 Issue 1 - Restoring the Delicate Balance: Judical Review of
           Executive Detention in a Time of Terror
    • Abstract: Parrott, Louise
      The aftermath of September 11 provides governments with the opportunity to shift power from the judiciary to the executive in order to give the executive greater control over anti-terror measures. However, these measures, which threaten to disturb the delicate democratic balance between the executive and the judiciary, have far-reaching ramifications. As a result they have not gone unchallenged. In the United states and the Unites Kingdom significant cases have been brought before the court in an attempt to address these ramifications and to restore the balance between security and rights. Before the high court of Australia a challenge to the regime of control orders recently introduced is also pending. Though, it is yet to be seen whether an enduring balance can be struck between executive and judical power on the one hand, and between security and right on the other.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 3 - A Perspective of Women in the Law
    • Abstract: Ginsburg, Ruth Bader
      Today, although more women are entering the legal profession, numbers show that women in law are not yet entering a bias-free profession. Social science research can help in determining the cause and perhaps in solving the persistent problems.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 3 - The Family in the 21st Century
    • Abstract: Potter, Mark A
      The essence of family is the parent-child relationship and law has historically assumed this relationship to be one within the ties of marriage. This article details the benefits of mediation towards helping solve the problems inherent in marriage break-ups and encourage children's right to family life.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 3 - Medicine and the Law: The Challenges of Mental Illness
    • Abstract: McLachlin, Beverley
      Mental illness challenges the law. Whereas historically the law institutionalised people with mental illness, now law must interface with them in society. Whereas once the legal solution to mental illness was simple, now it is complex and difficult and what is more, expensive. Drugs cost money. Decent housing costs money. Hospitals and psychiatrists cost money. With so many competing demands on the public health care budget, the claims of the mentally ill, who still hover on the margins of society, are too easily overlooked. All of this impacts on the law, both criminal and civil.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 2 - Transformation in the South African Judiciary - a
           Constitutional Imperative
    • Abstract: Mpati, L
      The South African judiciary has been the subject of transformation prior to the introduction of the constitutional era and with the tradition that judges were appointed from the ranks of senior advocates, a process historically discriminating on the basis of gender and race. The Judiciary Service Commission is hence involved with the main aim to prevent unmeritorious candidates being appointed on political or other improper grounds and to encourage the transformation of the judiciary by the appointment of suitable black African lawyers and woman lawyers.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 2 - Terrorism & Human Rights
    • Abstract: Phillips of Worth Matravers, Nicholas
      The complex history of the US legislation and judicial reaction to that legislation in the UK is discussed along with a few developments in the area, considering that they have both been involved in the fight against terrorism. Considering the various acts and laws passed by the judiciary system in the past, it is suggested that the respect for human rights could be a key weapon in the ideological battle of terrorism.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 2 - The Media and the Judiciary
    • Abstract: Eames, Geoffrey
      Media has often campaigned against the judiciary system, blaming judges who have passed lenient sentences and maintained an increase in suppression orders, responding to which, the judiciary system has become harsh towards the media. Hence, there is a need for serious effort from both sides to facilitate each other's important role in the community.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 1 - Towards a Second Attempt at an Australian Republic
    • Abstract: McConvill, James
      In 1999, Australians rejected a proposal to make Australia a republic. Two recent events signal that a republic may not be ancient history, but rather a future possibility. In 2005, it was announced that Prince Charles would marry Camilla Parker Bowles. The constitutional difficulties which confronted the proposed marriage of Charles and Camilla, with Charles in line to be the future King of England - and King of Australia, reignited a fresh debate about whether Australia should become a republic. Then, in early 2006, Australian Prime Minister John Howard - a staunch monarchist - said he was unsure whether the British monarchy would survive in Australia beyond the Queen. In this article, our objective is to set out a clear and user-friendly explanation of the constitutional maze that needs to be worked through at both national and state levels, for Australia (including the States of Australia) to change to a republican system of government. There may come a time in the future that the High Court of Australia will be required to confront this maze.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 2 Issue 1 - Lord Scarman and the 'UnEnglish' Idea of Enforceable
           Human Rights
    • Abstract: Kirby, Michael
      Leslie Scarman was one of the most influential common law judges of the twentieth century. As a judge, he was relatively conventional and sometimes unadventurous. His technique can be contrasted with that of his contemporary, Lord Denning. However, his role in establishing the Law Commission of England and Wales afforded a model that has been copied throughout the world. His early support for a law of human rights was unusual in the culture of English law - traditionally hostile to legal protection of fundamental human rights. He encouraged the adoption of the Human Rights Act 1998. This essay explains Scarman's contribution to the development of human rights law.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 4 - The Appointment and Removal of Federal Judges: Time for
           Reconsideration
    • Abstract: McConvill, James
      The process for appointment and removal of federal judges in Australia has recently been called into question. While there are different ideas and attitudes regarding how federal judges should be appointed and how complaints of misbehaviour or incapacity against federal judges should be handled, there is now a consensus that change is necessary. In this article, the author deals with the issues that have been raised regarding the appointment and removal of federal judges, and presents a proposal for change. According to the author, the establishment of a Senate Judiciary Committee, drawing inspiration from the US model, is warranted. It is argued that this Committee could improve the process for appointment of federal judges, and provide an effective mechanism for dealing with complaints against federal judges.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 4 - The High Court and Wrongful Life Claims: How Should It
           Decide'
    • Abstract: Bagaric, Mirko; Dimopoulos, Penny
      The High Court of Australia has granted special leave to hear a wrongful life claim. This is the first action of its type that will be determined by the High Court. A wrongful life action is a claim brought by a disabled child who asserts that but for a physician's negligence he or she would not have been born, thereby being spared the suffering of life. The action is inherently controversial because the alternative to an impaired life is non-existence. Lord Griffiths has described such claims as 'utterly offensive; there should be rejoicing that the hospital's mistake bestowed the gift of life upon the child'. [1] This paper cuts through the rhetoric that the debate has generated and analyses whether there is a sound doctrinal basis for recognising wrongful life actions.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 3 - WorkChoices: The Constitutionality of a National
           Workplace Relations System
    • Abstract: Puig, Gonzalo Villalta
      WorkChoices is the Howard Government's controversial legislation for a national workplace relations system based on the corporations power in s 51 (xx) of the Australian Constitution. This article examines the constitutionality of WorkChoices and argues that the Commonwealth can exercise the corporations power to regulate workplace relations at corporate employers. The article explains that the High Court is likely to support the WorkChoices legislation, should it be challenged, given its broad view of the corporations power in Re Dingjan (1995) 183 CLR 323, its acquiescence to amendments made to the Industrial Relations Act 1988 (Cth) under the corporations power in the Industrial Relations Act Case (1996) (1996) 187 CLR 416, the sympathetic judgments of Gleeson CJ and Gaudron J in the CFMEU Case (2001) 203 CLR 346, and the string of Federal Court decisions endorsing (he broad view in cases as recent as Quickenden (2000- 2001) 109 FCR 243.The article also argues that the corporations power alone will not suffice to achieve a truly national workplace relations system. WorkChoices could exclude a significant share of the labour market, including independent contractors and those working for partnerships, sole traderships, and other unincorporated entities. The article suggests that the vision of a national workplace relations system would be best realised through a combined exercise of the corporations power and the trade and commerce power in s 51(i).

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 3 - Commonwealth Legislative Power and 'Non Punitive'
           Detention: A Constitutional Roadmap
    • Abstract: Roos, Oscar
      In 2004 The High Court handed down a number of decisions concerning detention imposed for purposes allegedly unrelated to punishment. This paper outlines the way the Federal Constitution restricts (and also facilitates) the imposition of "non punitive detention" by our governments. Such laws (as passed by the Federal Legislature) are constitutionally valid provided they can be characterised as falling within a legislative head of power under section 51 off he Constitution. The power to detain for non punitive purposes can be reposed by the Legislature in the either the Executive or Judicial arms of government. Detention by the Executive is non punitive (and therefore does not offend the separation of powers) even though it involves a deprivation of liberty, provided it is imposed for "legitimate non punitive purposes". Legitimacy is in turn determined by reference to the section 51 heads of power. Detention for non punitive purposes by the judicial arm of government is constitutionally valid provided that (i) a "judicial process " is adopted and (ii) (arguably) there is some link (albeit tenuous) with a previous finding of criminal guilt. The continuing existence of the "constitutional immunity "from being detained by other than judicial order identified by the High Court in its 1992 decision in Lim v Minister for Immigration is called into question.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 2 - Marbury v Madison - an Analysis
    • Abstract: Kelly, MRLL
      Marbury v Madison, the early nineteenth century American case, profoundly affects to this day Australian jurisprudence, as a result of acceptance by the High Court of its 'principles " as "axiomatic " and serves as a basis for the justification of judicial supremacy over the legislature and the executive. The attachment to Marbury rests, however, on little sustained analysis of the case itself: This article analyzes the case in its historical, political and legal milieu. The analysis reveals that there is little if any principle involved, and that the opinion has little legal merit. It argues that in elevating the judicial power in interpreting the US Constitution, for essentially political and person reasons. Marshall CJ perpetrated a fraud upon the Constitution by deliberately marginalizing the role of the people in amending the Constitution and effectively giving that right to the Court as sole interpreter The High Court's endorsement of this flowed, foreign and essentially irrelevant case for the vastly different Australian constitutional context, has resulted, it is argued, in the stultification of any vibrant democratic constitutionalism in Australia by usurping the people's right to know, understand and change their Constitution, and arrogating those functions solely to the judicial interpretations of the Court.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 2 - Still Plucking Figures Out of the Air': Markarian
           and the Affirmation of the Instinctive Synthesis
    • Abstract: Edney, Richard
      The High Court of Australia recently had the opportunity to reconsider the appropriate sentencing methodology to be adopted in the sentencing of offenders under Australian criminal law in the case of Markarian v The Queen. The High Court had to decide whether to continue with the instinctive synthesis approach to sentencing or a process that exposed in greater clarity the basis upon which sentencing was to occur. Ultimately, a majority of the Court favoured the continuance of the instinctive synthesis approach to sentencing in criminal cases. The article will consider the decision in Markarian and the implications that it will have for the sentencing of offenders in the States and Territories of Australia.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 2 - A Lawyer's Lawyer Joins the High Court of Australia
    • Abstract: McConvill, James
      In November 2005, Susan Crennan was sworn in as the 45th justice of the High Court of Australia. This follows a brief two year period as a justice of the Federal Court of Australia. In this article, the author recounts the debate leading up to the latest appointment regarding what type of justice should be appointed to the Court, and reviews Crennan's Federal Court judgments in an attempt to provide some insight on the type of High Court justice Crennan will be. What is for certain is that Crennan is enchantingly mysterious.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 1 - The High Court and the Utility of Multiple Judgments
    • Abstract: Bagaric, Mirko; McConvill, James
      Recently, the High Court has been criticised for its supposed increasing tendency to deliver multiple majority judgments. Ostensibly this impairs the capacity for the Court to clarify and unify the law, thereby making it more difficult for citizens to plan and coordinate their affairs. This criticism of the High Court is unsound. First, there is no evidence to suggest that the High Court is now more fragmented than it has been during other periods of its history. Secondly, the precise reasoning process (and the underlying jurisprudence reflected by this) is a cardinal aspect of the development of precedent and legal principle. Convergence in conclusion only is of little utility and does not promote certainty and clarity in the law. One cannot make an informed assessment of the impact and breadth of a decision without an understanding of the (actual) premise underpinning the decision. It is for this reason that legislation is such a poor vehicle for declaring the law and why in recent decades there has been an increasing degree of reliance on extraneous material to assist in the interpretation of legislation. Conclusion without (genuine) reasons is not highly instructive. Coerced agreement, no matter how subtle, is undesirable. The High Court should resist calls to deliver more single majority judgments.

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
  • Volume 1 Issue 1 - Applications for Special Leave to the High Court
    • Abstract: Kennedy, Maree
      This paper will consider the procedures applicable under the High Court Rules 2004 which not only govern proceedings commenced on or after 1 January 2005 but also any step in a proceeding that is taken on or after that date (which will include the step of dealing with an application for special leave).

      PubDate: Thu, 2 Nov 2017 11:47:20 GMT
       
 
 
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