Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Calling Out The Troops - The Australian Military And Civil Unrest: The Legal And Constitutional Issues By Michael Head, Cameron Moore Jan 2010

Calling Out The Troops - The Australian Military And Civil Unrest: The Legal And Constitutional Issues By Michael Head, Cameron Moore

Faculty of Law, Humanities and the Arts - Papers (Archive)

[As of 2006, part IIIAAA of the Defence Act 1903 (Cth) permits Australian military aircraft and warships to fire missiles into civilian aircraft or shipping where they present a threat to 'Commonwealth interests'. There is no need for a declaration of war nor any actual armed conflict to be taking place. This is not to say that there are no checks and balances. There are, and they include the concurrence in most circumstances of the Prime Minister, Attorney-General, Defence Minister and Governor-General. However, such powers were too much for the German Constitutional Court, which struck down comparable German legislation. This …


Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr Jan 2010

Responsibility And The Representation Of Suffering: Australian Law In Black And White, Richard Mohr

Faculty of Law - Papers (Archive)

Abstract: This article critically analyses the concept of suffering, with particular emphasis on responsibility for and representations of suffering. Suffering is seen as a social relationship, with objective characteristics, classified by Renault as domination, deprivation and the weakening of intersubjective supports (désaffiliation). Veitch and Wolcher have inquired into legal responsibility for suffering. The author adds that suffering is also constructed subjectively, through aesthetic, political and legal representations. This theoretical model of suffering is applied to recent political and legal issues in Australia dealing with an apology for earlier policies of removing Indigenous children from their families, and a more recent …


Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff Jan 2010

Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff

Faculty of Law - Papers (Archive)

Copy of powerpoint presentation to the conference.