By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking careful account of the influence which the American, Canadian and Swiss Constitutions had upon the framers of the Australian Constitution, the author shows how the framers wrestled with the problem of integrating federal ideas with inherited British traditions and their own experiences of parliamentary government. In so doing, the book explains (...) how the Constitution came into being in the context of the groundswell of federal ideas then sweeping the English-speaking world. In advancing an original argument about the relationship between the formation of the Constitution, the representative institutions, configurations of power and amending formulas contained therein, fresh light is shed on the terms and structure of the Constitution and a range of problems associated with its interpretation and practical operation are addressed. (shrink)

Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction of terra nullius and recognised native (...) title to lan with the High Court’s decision in Mabo in 1992. This article explores the implications of the Sorry Statement in the context of reparations for the generations removed from their families under assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether their potential in that regard is already exhausted. We compare common law and statutory developments in other international jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies, which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. (shrink)

Dr Boyle is right in drawing attention to the apparent inconsistency between laws that allow a fetus in utero to be aborted at the mother’s will but give the law’s full protection to a newborn infant, perhaps of the same gestation as the aborted fetus. It makes no difference how disabled the infant is, or how poor the prognosis. The reason for the inconsistency is that the two stages of the infant’s development—before birth and after birth—are governed by different legal (...) principles.While a fetus is in utero, the applicable laws are the criminal law of abortion and the civil law of battery, which here focuses on the mother’s direction alone. As Dr Boyle says, the law on abortion in the UK—and also in Australia—enables an abortion to be lawfully performed if continuing the pregnancy would present a real risk to the mother’s life, or her physical and mental health; and, additionally, in some jurisdictions like the UK, for serious fetal abnormality: see Abortion Act 1967 ,1 which includes risks to “existing children” as well as to the mother.2 Recent changes to the criminal law in the Australian Capital Territory and Western Australia have gone further and abortion is now lawful in those jurisdictions, simply on the informed request of the mother.3In jurisdictions that do not have a specific provision allowing abortion on the grounds of fetal abnormality, doctors have inferred that having a child with a serious abnormality would constitute a threat to the mother’s life or health, again focussing on the mother. The concept of harm to the mother’s health has been interpreted by the courts to include harm during pregnancy and delivery and also after the birth.4 This might take account of difficulties in raising …. (shrink)

One of the chief arguments against a constitutional Bill of Rights is that it gives judges too much power. The courts interpret the constitution, and from the highest court there is no appeal (though the Constitution can be amended -- a difficult process). As Americans sometimes say, "The US Constitution is whatever the Supreme Court says it is". In many cases the Supreme Court has interpreted the Bill of Rights by means of wire drawn reasoning, reflecting the (...) judges' political and social views. For a survey of Supreme Court Cases on the Bill of Rights see M. Konvitz, Fundamental Liberties of a Free People . The Supreme Court's power to interpret the constitution has made the appointment of judges a political issue, and in 1937 President Roosevelt sought to appoint additional judges (to "pack" the Court) so as to change the court's attitude (the US Constitution does not fix the number of judges). A President is expected to nominate judges ideologically acceptable to his supporters, and the Congress scrutinises these nominations in a partisan way. See article on George W. Bush's nominations. Since judges hold office for life, a President's nominations may make a long term difference to the interpretation of the constitution. (shrink)

The Australian moratorium on human clinical trials of xenotransplantation was lifted in December 2009. This decision follows public consultations on whether xenotransplantation should or should not proceed in Australia, which occurred in 2002 and 2004. However, the public consultation, in its design and process, did not facilitate meaningful public engagement and involvement, thus marginalising the public and devaluing their social experiences and diverse knowledges. This brief article questions what constitutes adequate public consultation, and suggests that consensus conferences or citizen (...) juries should be explored as a mechanism for meaningful public engagement for future public consultation exercises in Australia. (shrink)

This article examines the experiences of female farmers in the Australian context who neither married into nor were born into farming and how they construct their farmer identity. Drawing on interviews with seventeen first generation female farmers it demonstrates a detraditionalized farmer identity created in response to concern for environmental and social sustainability. They are enabled by an online, global community of practice and shifting narratives of what constitutes responsible farming. Participants leveraged their skills from previous occupations to their (...) farming enterprises to internalize a managerial and entrepreneurial farming identity. First generation female farmers have been empowered as new actors in Australian agriculture, reflecting a disruption in traditional patterns of gendered privilege. (shrink)

The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept (...) of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title.This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”.In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language.We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians. (shrink)

A sociological conceptualisation of space moves beyond the material to the relational, to consider space as a social process. This paper draws on research that explored the reproduction of legitimated knowledge and power structures in intensive care units during encounters, between patients, who were experiencing mental illness, and their nurses. Semi‐structured telephone interviews with 17 intensive care nurses from eight Australian intensive care units were conducted in 2017. Data were analysed through iterative cycling between participants' responses, the literature and (...) the theoretical framework. The material and relational aspects of space in this context constitute a dynamic process that is concerned with the reproduction of everyday life, the preservation of the biomedical authority of intensive care, and the social othering of people experiencing mental illness. The work of theorists such as Löw, Harvey and Foucault underpins the exploration of space as a multi‐dimensional, malleable social process that both produces and is the product of social interaction and the social world. In this paper, we argue that the performative work of knowledge and power production and reproduction, considered here in relation to intensive care spaces, enables ongoing othering and disenfranchisement of people experiencing mental illness. (shrink)

This article explores the emerging intersections between the shift towards higher quality food consumption in China and Chinese investment in overseas farmland. Based on an ethnographic study of a Chinese company acquiring one of Australia’s largest dairy farms, the article argues that the linkage between imported Australian milk and perceptions of safety and quality has served as a powerful driver of Chinese investment in overseas farmland—a linkage that has largely been overlooked by literature on China’s role in the global (...) land rush. Drawing on the notion of ‘quality imaginaries’, the paper shows how images of Australian farmland as natural, pure, and geographically isolated have been mobilized by the investor company to position itself as provider of fresh, premium milk in the Chinese market. While such place-based qualities constitute a prized advantage, ironically, they also present a looming risk as the investor company struggles to reconcile fresh milk’s perishability with the farm’s location at the ‘edge of the world’. Thus, the case study not only demonstrates how cultural meanings tied to food and eating shape the ways in which investors imagine land’s affordances and possibilities but also draws attention to land’s materiality as a factor that both facilitates and destabilizes investment in farmland. (shrink)

Like the American system ours is federal: i.e., there are two levels of government, neither of which can change the powers of the other or make laws within certain fields assigned to the other. The British system is 'unitary': the British parliament can make laws on any matter, local government has whatever powers the national government delegates to it. Like the British, ours is a system of responsible government . The Government (the Prime Minister and cabinet) is 'responsible' to parliament. (...) This means that at any time, simply by vote of no confidence, carried on whatever grounds, the parliament can remove the Government from office or force it to call an election. In the American system the head of the executive Government, the President, cannot be removed by the Congress (except by impeachment, which requires a kind of trial). As in the British system, a general election can be called at any time (by the Governor General, on the advice of the Prime Minister). There is a maximum term by which an election must be called, but an election can be held short of term. This makes the parliament responsible to the electorate -- for example, if Government policy that has general community support is blocked by the opposition or minor parties, the Government can appeal to the electorate. In the American system the terms of office of the House of Representatives, Senate, and President are all 'fixed', so that an early election cannot be held. If a President dies or resigns, the Vice President serves out the remaining part of his term. There are no circumstances in which the American President can dissolve Congress and call an early election. The U.S. constitution has separation of powers , i.e., the members of the Executive (in our terms, the Government) do not have seats in Congress or participate in its sessions, and they are not removable by Congress and cannot dissolve Congress. The Judiciary is also separate from both Executive and Congress (though judges are appointed by the Senate on the nomination of the President, and can in exceptional cases be removed).. (shrink)

Although conceptually distinct, ‘ time ’ and ‘community’ are multiply intertwined within a myriad of key debates in both the social sciences and the humanities. Even so, the role of conceptions of time in social practices of inclusion and exclusion has yet to achieve the prominence of other key analytical categories such as identity and space. This article seeks to contribute to the development of this field by highlighting the importance of thinking time and community together through the lens of (...) political apologies. Often ostensibly offered in order to re-articulate both the constitution of ‘the community’ and its future direction, official apologies are prime examples of deliberate attempts to intervene in shared understandings of political community and its temporality. Offering a detailed case study of one of these apologies, I will focus on Australian debates over the removal of indigenous children from their families, known as the Stolen Generations, and examine the temporal dimensions of the different responses offered by former prime ministers John Howard and Kevin Rudd. (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. (...) Such clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

The paper analyses results from a questionnaire-based survey of ethical behavior of members of the Western Australian Senior Executive Service. Relating to definitions of deontology (duty) and teleology (ends over means) the study examines the validity of three hypotheses on ethical behaviour/decision making frameworks. Longitudinal data is related to the 1983–90WA Inc period. The study establishes that SES managers apply ethical frameworks in order to understand the meaning of: ethical behaviour and that there are groups of managers with distinct (...) understandings of what constitutes ethical behavior which is reflective of particular ethics theories. Three groups of managers are identified: (1) emphasises teleology (2) focuses on external influences (rules, standards and codes) and (3) encompasses both teleology and external influences and, to a lesser extent deontology. Only this latter group is regarded as having an appropriate repertoire of potential responses to any given ethical dilemma. There is no support for the view that those beginning employment in the public service post 1984 adversely affected the ethical decision making frameworks of other senior managers. (shrink)

SUMMARYCharles Howard Ellis, born in Sydney in 1895 and a Great War veteran, was working as a journalist in Vienna and Geneva when he wrote one of the most comprehensive books of the time on the League: The Origin, Structure and Working of the League of Nations. Dedicated to the progressive literary figures of the era and showing a particular debt to the writings of the British Labour left, Ellis argued that the internationalism of the age marked a necessary rejection (...) of the anarchic conditions that brought forth the Great War. The League and its associated institutions constituted ‘the first step toward a world society’ that would facilitate the suppression and ultimate removal of the causes of conflict. A remarkable work in itself, this progressive volume was written by a member of British intelligence who had already made a reputation in this sphere and was to go on to hold very senior positions in the 1940s. The question is considered whether the ideas expressed were a product of Ellis's genuine beliefs, or whether they were a mask for his substantive professional role. The circumstances around the writing of this book are also reviewed in an attempt to answer this question, especially given the hitherto accepted scholarly view that Konni Zilliacus of the League Secretariat was the actual author. (shrink)

Whilst care imperatives have arisen across the breadth of Western societies, within the education sector they appear both prolific and urgent. This paper explores the deployment of care discourses within education generally and draws upon the case of Australian Health and Physical Education (HPE) more specifically, to undertake a Foucauldian interrogation of care. In so doing I demonstrate the usefulness of Foucault's pastoral power lens and its capacity to provide insight into the moral and ethical work conducted by caring (...) teachers on behalf of the state (Acker, 1995). Following a brief overview of the advocacy, challenges and debates surrounding the issue of caring teaching within education, I draw on the work of Hunter (1994) and three case studies from a genealogical interrogation of HPE that employed Foucualt's ethical fourfold as a heuristic device to reveal the ethical practices and objectives of the good HPE teacher. Drawing on this genealogical work, I argue that HPE teachers and their colleagues have been purposefully incited to constitute themselves as agents of pastoral power. From this Foucauldian perspective, I conclude with an exploration of the unintended and possibly ‘dangerous’ practices of caring teaching that may emerge within the complex and messy nexus of contemporary self‐constitution. (shrink)

Nineteenth century Australia achieved Federation on January 1st after a half-century of discussion and debate between Federalists and Republicans. However, despite these ongoing political debates, Australia still greatly retained a strong sense of British identity due to immigration policies that only slowed in the 1880s. Focusing on the Australian public’s reactions to two Royal Tours, in 1867 and 1901, this paper attempts to address why a Commonwealth model of Federation was created in 1901 as well as to more fully (...) understand how significantly Australian cultural identity and support of the monarchy as a symbol of the British Empire contributed to the nineteenth century political scene. (shrink)

The galvanising purpose of Federation was the creation of the Commonwealth and the distribution of power between it and the former colonies, simultaneously elevated to Statehood. But beyond this simple fact, consensus about Australian federalism has traditionally been elusive and is, if anything, only increasingly so. While the contemporary political debate over federal reform proceeds from a shared sense that our existing arrangements have manifest shortcomings, there is far from unanimity as to which of its particular features are strengths, (...) and which are deficiencies. The structure of this paper is as follows. In Part II, the range of understandings as to the character of the federal relationship between Australian governments is canvassed. Consideration is given to the views of the Constitution’s Framers and commentators, but most centrally to members of the High Court since these have brought about great change in federal arrangements. The significance of the Court’s marked preference for adhering only to constitutional structure and its inability or unwillingness to develop ‘a federal jurisprudence’ is examined in two respects. First, the effect of the Court’s arid Engineers’ Case methodology has been to reject any suggestion that fidelity to a concept of ‘federal balance’ is consistent with both the contents and purpose of the Constitution and also the principles of divided government. Particular consideration is given to the limitations of a commitment to federalism in only a structural sense, as revealed by the judicial reasons of the majority and dissenting judges in the recent case of New South Wales v Commonwealth. Second, the tension between competing assumptions of the kind of federal system established by the Commonwealth Constitution has produced an unstable and uncertain environment for the development of cooperative schemes between the Commonwealth and States. In Part III we consider how an attempt to ‘constitutionalise’ the relationship between the tiers of government as one underpinned by cooperation and respect would impact on the Court’s approach. Drawing on foreign constitutions, and adapting these in light of Australia’s politico-legal conditions and history, we suggest how a commitment to cooperative federalism might best be shaped for possible inclusion in the Commonwealth Constitution. (shrink)

The use of the capability approach as an evaluative tool for Information and Communication Technology (ICT) policy and programs in developing countries, in particular at a grass-roots community level, is an emerging field of application. However, one of the difficulties with ICT for development (ICT4D) evaluations is in linking what is often no more than a resource, for example basic access, to actual outcomes, or means to end. This article argues that the capability approach provides a framework for evaluating the (...) strength of this linkage and that the latter is a key determinant of whether or not communities sustain ICT4D programs beyond the initial start-up phase. The argument is made by describing an evaluative application of the capabilities approach to community ICT4D programs using two Indigenous community case studies conducted in Cape York, in the far north-east of Australia. Key to the evaluative approach is the identification of community defined, context specific concepts of well-being and constitutive valued functionings and the derivation from this of required capabilities. This move away from normative definitions of capabilities or capability types to a definition that reflects the Indigenous culture, history, circumstances, and well-being aspirations of each community is intended to give a voice to the people and at the same time provide a deeper informational base—through narrative—for policy and program design than has previously been available. The article concludes that by operationalising the capability approach in a context and purpose specific way, policy and program design can be improved so as to include more communities on the margin and thereby achieve more socially inclusive ICT based development. A process is also outlined for using the evaluative application of the capability approach for community ICT4D within a policy feedback loop. (shrink)

This article formulates a novel conception of constitutions based on John Finnis’s jurisprudential work. The ‘central case constitution’ transcends the formal or functionalist analyses currently dominant in constitutional theory by considering a constitution as having a ‘double life’. Constitutions are necessarily and intrinsically normative and factual. The article explores Finnis’s natural law philosophy, emphasizing the central case constitution’s alignment with the practical reasonableness viewpoint and its role in directing a political community towards its common good. Focusing on (...) key elements such as the rule of law and the context of a political community, the central case constitution emerges as a legal determination that structures society, frames political institutions and authoritatively directs communities towards justice. This ontological understanding has theoretical and practical implications, including identifying genuine constitutional purposes, safeguarding private associations from the overwhelming state presence, promoting community identity and accommodating diverse constitutional choices for self-determination. (shrink)

Este artículo presenta a Weber y Habermas como los umbrales o polos de una modernidad que tiene al progreso como horizonte teórico-práctico. El diagnóstico weberiano sobre la modernidad y su proceso de desencantamiento del mundo y la injustificada reducción de la actividad racional a una actividad utilitario-estratégica desprovista de su carácter veritativo y de su orientación valórica, Habermas la utiliza para justificar su propuesta teórico-crítica respecto a la modernidad y la "paradoja de la racionalización", distinguiendo "sistema" y "mundo vital". Aquí (...) "desencantamiento del mundo" y "consenso del proyecto de lamodernidad", se encuentranThis article presents Weber and Habermas like the thresholds or poles of a modernity that has to the progress as theoretical- practical horizon. The diagnosis weberiano on the modernity and his process of disenchantment of the world and the unjustified reduction of the rational activity to a utilitarian-strategic activity devoid of his character of truth, Habermas uses to justify his theoretical-critical offerwith regard to themodernity and the "paradox of the rationalization", distinguishing "system" and "vital world". Here "disenchantment of the world" and "consensus of the project of the modernity", they are. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

In Democracy in Australia I argued that the Australian system is a mixture of features, some democratic and some oligarchical. In this lecture I want to outline the thinking behind this mixture. It is not an inconsistency or an accident, as if the drafters of our constitution meant to make a democracy but did not quite succeed. Rather, the Australian constitution is an intelligent and successful solution to certain problems which worried educated people in the 19th (...) century but are now largely forgotten. Perhaps their problems have turned out to be unreal; or perhaps the problems are forgotten because their solution was so successful. The drafters of the Australian Constitution set out to balance Democracy and certain other values, in a tradition of the mixed or balanced constitution coming down from Aristotle. (shrink)

In May 2017, the Uluru Statement from the Heart was released, providing an Indigenous response to debates on recognition of Aboriginal and Torres Strait Islander peoples in the Australian constitution. The document advocated for a “Makarrata Commission,” which would oversee truth telling and agreement making. This essay analyzes the concept of Makarrata as it has emerged in the context of Indigenous–settler relations in Australia and argues for a deeper engagement of non-Indigenous people with Aboriginal and Torres Strait Islander (...) concepts and practices. By extending some of the methods of comparative political theory to incorporate endogenous as well as exogenous comparisons, the article demonstrates the ways in which Makarrata is likely to contribute to continuing contestation and disagreement between Indigenous and non-Indigenous peoples. While the Uluru Statement marked a significant point in the Australian recognition debate because it reflected a relatively consensual Indigenous message articulated on its own terms, the article suggests that “Makarrata” must not be appropriated into a benign settler discourse of reconciliation, if the concept’s potential to inform substantive change in Indigenous–settler relations is to be realized. (shrink)

Many' people in the community including myself are concerned at the continuation of the single member electorate system for election of members to the House of Representatives, and its failure to result in proper representation of the diversity of interests in the community. A multimember electorate system, or single electorate for each State or Territory, with random rotation of names on ballot papers, is long overdue after over a century of debate over existing undemocratic practices. The Australian Constitution (...) allows that "each State shall be one electorate" in the absence of. (shrink)

Normative political theorists working in the field of linguistic justice generally believe that participation in democratic life in linguistically diverse societies requires a shared lingua franca (e.g., Patten 2009; Van Parijs 2011). Even when a shared lingua franca is present, however, there is likely to be a variety of ways in which people speak it, due to variations in accent, pitch, register, and lexicon. This paper examines the implications of intra‐linguistic diversity for democracy and political representation. More specifically, by drawing (...) on Andrew Rehfeld's (2010) work and on relevant sociolinguistics research, the paper argues that widespread unconscious linguistic prejudice constitutes a constraint on some citizens' right to run for political office that is incompatible with democratic equality. The argument is illustrated via a number of examples concerning Australian politicians. (shrink)

The Australian Labor Party has, until recent years, exercised almost unchallenged hegemony over Australian Left and working-class politics. Tom Bramble and Rick Kuhn have ambitiously crafted the first Marxist history of the party in over 50 years, deploying an analysis of its material constitution as a ‘capitalist workers’ party’ to underpin arguments for a revolutionary socialist alternative. From its emergence in class struggles of the late nineteenth century, to its early electoral successes, to multiple internal crises and (...) splits, and its more recent role in driving neoliberal restructuring, the party’s contradictory character is analysed with clarity. However, despite containing much suggestive material, key issues – including the party’s unparalleled success despite its betrayals, failures and crises; radical challenges from within and without the party; the nature of its appeal to reformist consciousness; the shape of Marxist and Left debates about thealp; and the party’s centrality to a wider sphere of politics in capitalist society – remain thinly theorised, thereby inadvertently weakening the authors’ case for a revolutionary alternative. (shrink)