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Full-Text Articles in Law
The Locus Of Decision-Making Authority In Circle Sentencing: The Significance Of Criteria And Guidelines, Luke Mcnamara
The Locus Of Decision-Making Authority In Circle Sentencing: The Significance Of Criteria And Guidelines, Luke Mcnamara
Faculty of Law - Papers (Archive)
This article analyses the criteria and guidelines that have been developed for the operation of circle sentencing as a method of First Nation community participation in the Canadian criminal justice system. The objective of this analysis is to determine whether circle sentencing has the potential to transfer decision-making authority over sentencing from judges within the non-Aboriginal justice system to sentencing circle participants and First Nation communities. This article concludes that although it operates under certain judicially imposed constraints, and without a solid legislative foundation, circle sentencing does have the potential to shift the locus of decision-making authority in a manner …
Authorised Performances: The Procedural Sources Of Judicial Authority, Richard Mohr
Authorised Performances: The Procedural Sources Of Judicial Authority, Richard Mohr
Faculty of Law - Papers (Archive)
Media criticism of the courts, or perceptions of a declining 'public confidence' in the judiciary have led to concems over law's authority. There has been dcbate on concems over 'judicial activism' in North and South America, Europe and Australia. In Australia this has been played out in political criticism of the judges of the High Court, while other courts have come in for criticism from sections of the media for being too lenient in sentencing and generally being 'soft on crime'. Judicial concern over these criticisms has been expressed in extra-curial responses by High Court judges and in several recent …
The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett
The Precautionary Principle In Australia: Policy, Law And Potential Precautionary Eias, Warwick Gullett
Faculty of Law - Papers (Archive)
The precautionary principle has been adopted in such a widespread fashion that it is now difficult to find in either the international environmental arena or countries with advanced environmental protection frameworks an environmental policy document, a new environmental law, or even a political statement about environmental management that does not include a reference to the principle or reflect some of the core ideas of the precautionary concept. References to the principle can be found in documents produced by organizations such as the European Environment Agency, the World Trade Organization, and of course the United Nations; in numerous environmental treaties ranging …