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Articles 211 - 222 of 222
Full-Text Articles in Law
Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett
Balancing Short Term Impacts And Long Term Interests In Fisheries Management Decisions, K Crosthwaite, Warwick Gullett
Faculty of Law - Papers (Archive)
In the latest of a series of merits review decisions by the Administrative Appeals Tribunal (AAT) concerning the correct construction to be given to the Australian Fisheries Management Authority's (AFMA's) statutory objective to ensure that the exercise of the precautionary principle is 'pursued', the AAT has affirmed the decision under review as having being made reasonably and correctly in pursuit of the principle. This article explains the reason for the AAT's recent decision in Craig Justice v Australian Fisheries Management Authority and Executive Director, Department of Fisheries Western Australia (hereafter Justice v AFMA) which affirmed AFMA's implementation of the consultative …
From Oxymoron To Intersection: An Epidemiology Of Legal Research, D. Manderson, Richard Mohr
From Oxymoron To Intersection: An Epidemiology Of Legal Research, D. Manderson, Richard Mohr
Faculty of Law - Papers (Archive)
The foregoing articles about research n and around law reflect a broad conception of what it is to be a legal scholar. The views and experiences of the authors gathered here are probably no more radical or heterodox than those to be found in any of the earlier editions of this journal or the many others devoted to themes of law, society, culture and contemporary legal theory. Having brought these people together to reflect on what it is that they think and do when researching in law, we have raised the legal research question. In these closing remarks we would …
Can Catchment Management Deliver Coordination Of Resources Management In New South Wales?, E. Arcioni
Can Catchment Management Deliver Coordination Of Resources Management In New South Wales?, E. Arcioni
Faculty of Law - Papers (Archive)
In this article, the author examines the problem of the lack of integration of natural resources legislation in NSW and the application of a proposed solution – the catchment management regime. The analysis is conducted by using a case study of Lake Illawarra and its catchment. The operation of the planning system, pollution regulation and the Lake Illawarra Authority are discussed, as well as a number of other regulatory regimes being noted briefly. A history is given of the catchment management system as it has been applied in the Illawarra region. The article concludes by identifying the problems in implementing …
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Substantive Precautionary Decision-Making: The Australian Fisheries Management Authority's 'Lawful Pursuit' Of The Precautionary Principle, Warwick Gullett, Christopher Paterson, Elizabeth Fisher
Faculty of Law - Papers (Archive)
In this article, the authors review recent Administrative Appeals Tribunal decisions concerning the Australian Fisheries Management Authority's exercise of discretionary powers in pursuit of its statutory objective to ensure that the exploitation of fisheries resources is conducted in a manner consistent ,vith the exercise of the precautionary principle. The most recent of a series of Tribunal decisions which have affirmed the Authority's interpretation and application of the principle as contained in the Fisheries Management Act 1991 (Cth) is discussed in detail, together with Federal Court rulings concerning the content of the Authority's statutory obligation to ensure that fisheries cxploitation maximises …
Parliament And The Industrial Power, Andrew D. Frazer
Parliament And The Industrial Power, Andrew D. Frazer
Faculty of Law - Papers (Archive)
The industrial power contained in section 51(xxxv) of the Australian Constitution gives the Federal Parliament power to make laws with respect to ‘conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State.’ Throughout the history of the Commonwealth, this power has remained one of the most contentious and litigated clauses in the Constitution. Because of the constitutional limits on the manner in which national legislative power can be exercised in this area, the institutions and processes of the Federal system of conciliation and arbitration have remained a consistent focus of public …
Environmental Performance Auditing Of Government - The Role For An Australian Commissioner For The Environment, G. L. Rose
Faculty of Law - Papers (Archive)
Commonwealth performance in environmental management can be systematically assessed and reviewed through public sector environmental audits. Australia’s experiences in public sector environmental audit indicate that its difficulties lie in inadequate available baseline data and vague policy benchmarks. Significant governmental efforts are being made to address the national data problem but not the benchmarks. Recent trends towards more systematic government performance reporting may eventually feed back to improve benchmarks. Some urge the establishment of an Australian Commissioner for the Environment to implement performance reporting, amongst other tasks. The potential role of the Commissioner as national auditor in particular is examined, drawing …
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 …
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 …
Structuring Discretion: Sentencing In A Jurisic Age, Donna Spears
Structuring Discretion: Sentencing In A Jurisic Age, Donna Spears
Faculty of Law - Papers (Archive)
NSW Court of Criminal Appeal in R v Jurisic announced the issuing of guideline judgments in appropriate cases - role of guideline judgments and reasons for its introduction - Court responding to public opinion regarding sentences - possibility of eroding judicial independence and undermining discretion - dangers in the guidelines themselves.
Environmental Impact Assessment And The Precautionary Principle: Legislating Caution In Environmental Protection, Warwick Gullett
Environmental Impact Assessment And The Precautionary Principle: Legislating Caution In Environmental Protection, Warwick Gullett
Faculty of Law - Papers (Archive)
A noteworthy feature of international environmental discourse since the late-1980s has been the shift toward anticipatory policies. Precaution is the leading policy approach that has emerged to guide environmental decision-makers confronted with inadequate information. The "precautionary principle" has found expression in Australia in the 1992 Intergovernmental Agreement on the Environment, various Commonwealth environmental management strategies and a number of pieces of Commonwealth and State legislation. It also has been accepted tentatively by the courts as a factor which should be taken into account in appropriate circumstances. However, existing Australian environmental management approaches fail to advance precaution in a substantive manner. …
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Environmental Protection And The Precautionary Principle: A Response To Scientific Uncertainty In Environmental Management, Warwick Gullett
Faculty of Law - Papers (Archive)
The principle of precautionary action has been presented by some of its advocates as nothing less than a monumental paradigm shift in environmental management. It is essentially a new legal response to the scientific uncertainties surrounding the capacity ofthe environment to cope with the increasing demands placed upon it. This article outlines why our knowledge of environmental processes is inadequate and addresses the rationale and content of the "precautionary principle", tracing its development from an uncontroversial espousal of commonsense to its emergence as a potentially forceful decision-making norm. It will be argued tliat although the principle has definitional and implementational …