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Administrative Decision-Making in Australian Migration Law »
Authored by: Alan Freckelton
Publication date: May 2015
The ANU College of Law, Migration Law Program is pleased to introduce a text in administrative decision-making in Australian migration law. Over the past eight years we have assembled a team of some of Australia’s most highly qualified migration agents and migration law specialists to deliver the Graduate Certificate in Australian Migration Law & Practice, and the Master of Laws in Migration Law.
Alan Freckelton has worked with the Migration Law Program since 2008. Through personal recollections and a comprehensive analysis of administrative decision-making, he brings his professional expertise and experience in this complex field of law to the fore. The examination of High Court decisions, parliamentary speeches and public opinion bring a contentious area of law and policy to life, enabling the reader to consider the impact that legislation and decision-making has upon the individual and society as a whole.
Timor-Leste's Bill of Rights »
A Preliminary History
Authored by: Annemarie Devereux
Publication date: May 2015
The Constitution of the Democratic Republic of Timor-Leste of 2002 contains over 40 human rights provisions in its Bill of Rights. In addition to providing an overview of the process leading up to the adoption of the Constitution, this book brings together information relating to each section of the Bill of Rights, presenting:
progressive texts produced during the process of the Constituent Assembly;
highlights of the arguments put forward within the Constituent Assembly concerning the draft provisions, including alternative proposals advanced;
submissions made by Timorese officials, civil society and international bodies; and
the results of consultation with the broader community before and during the constitutional process.
It is designed to be useful in particular to judges and legal practitioners called upon to interpret the Constitution, government officials and civil society actors involved in human rights work, as well as students of history and constitutional law in Timor-Leste and internationally.
New Accountabilities, New Challenges »
Publication date: April 2015
This important and challenging volume of essays draws on insights from leading academics and public servants from Australia, New Zealand, the United Kingdom, Canada and elsewhere. It provides an excellent series of critiques of both the systemic accountabilities and the policy processes of government by drawing on meticulously researched, topical and real-world case studies of governance. Its contribution to the understanding of the applied processes of government in this way is exemplary. Topics covered include: restoring trust in government, parliamentary scrutiny of the APS, administrative law and FOI, budgetary reforms, implementation issues, competition policy, indigenous administration, collaboration with the NGO sector, educational reforms and the changes to the Auditor- General’s mandate.
East Asia Forum Quarterly: Volume 7, Number 1, 2015 »
Publication date: April 2015
East Asia Forum Quarterly grew out of East Asia Forum (EAF) online, which has developed a reputation for providing a platform for the best in Asian analysis, research and policy comment on the Asia Pacific region in world affairs. EAFQ aims to provide a further window onto research in the leading research institutes in Asia and to provide expert comment on current developments within the region. The East Asia Forum Quarterly, like East Asia Forum online, is an initiative of the East Asia Forum (EAF) and its host organisation, the East Asian Bureau of Economic Research (EABER) in the Crawford School of Economics and Government in the College of Asia & the Pacific at The Australian National University.
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Ma`afu, prince of Tonga, chief of Fiji »
The life and times of Fiji’s first Tui Lau
Authored by: John Spurway
Publication date: February 2015
Enele Ma`afu, son of Aleamotu`a, Tu`i Kanokupolu, grew up during a time of unprecedented social and political change in Tonga following the advent of Christianity. Moving to Lau, Fiji, in 1847 when he was about 21, he skilfully exploited kinship links to establish a power base there and in eastern Cakaudrove. His achievements were recognised in 1853 when his cousin King Tupou I appointed Ma`afu as Governor of the Tongans in Fiji.
Acting as a putative champion of the lotu, Ma`afu undertook successful military campaigns elsewhere in Fiji and, after adding the Yasayasa Moala and the Exploring Isles to the nascent Lauan state, he was able to establish the Tovata ko Lau, a union of Lau, Cakaudrove and Bua, with himself as head. His power was formally recognised in 1869 when the Lauan chiefs appointed him as Tui Lau, a new title in the polity of Fiji. Ma`afu was now able to challenge Cakobau for the mastery of Fiji.
After serving as Viceroy during the farcical planter oligarchy known as the Kingdom of Fiji, Ma`afu underwent a severe humiliation when, in order to maintain his power in Lau, he was forced to accede to the wishes of Fiji’s other great chiefs in offering their islands to Great Britain. He would end his days as Roko Tui Lau, a ‘subordinate administrator’ in the Crown Colony of Fiji, presiding over a province characterised by corruption and maladministration but where the legacy of his earlier innovative land reforms has endured.
Abbott's Gambit »
The 2013 Australian Federal Election
Publication date: January 2015
This book provides a truly comprehensive analysis of the 2013 federal election in Australia, which brought the conservative Abbott government to power, consigned the fractious Labor Party to the Opposition benches and ended the ‘hung parliament’ experiment of 2010–13 in which the Greens and three independents lent their support to form a minority Labor government. It charts the dynamics of this significant election and the twists and turns of the campaign itself against a backdrop of a very tumultuous period in Australian politics. Like the earlier federal election of 2010, the election of 2013 was an exercise in bipolar adversarial politics and was bitterly fought by the main protagonists. It was also characterised (again) by leadership changes on Labor’s side as well as the entry of new political parties anxious to deny the major parties a clear mandate. Moreover, the 2013 election continued the trend whereby an increasing proportion of the electorate chose not to vote for one of the main two political parties.
While the 2013 election delivered a clear victory to the Coalition in the Lower House, it simultaneously produced a much more mixed outcome in the Senate, where the Greens managed to record their largest ever representation and a new party, the Palmer United Party, initially secured three Senate positions at its first attempt (together with the election of Clive Palmer to a Queensland seat in the House of Representatives). With minor and micro parties also winning Senate seats amounting to a total of 18 Senators on the cross-benches, the Abbott government’s ability to govern and pass legislation was placed in some doubt. The 2013 election result suggested that far from ending the preceding tumultuous period of Australian politics, it merely served to prolong this era indefinitely.
The 2013 campaign was one of the longest on record, arguably commencing when the besieged Prime Minister Julia Gillard announced the date for the election in late January 2013 – then over seven months away. This unconventional tactic overshadowed the election from that date onwards – providing a definite timeline for Labor infighting, influencing the largely negative tactics of the Opposition, and encouraging new parties to proliferate to contest the election. This volume traces these formative influences on the campaign dynamics and explains the electoral outcome that occurred (including the 2014 re-election for the Western Australian Senate seats ordered by the High Court). Abbott’s Gambit includes insightful contributions from academic experts, campaign directors and electoral watchers, political advisers and professional psephologists. Contributors utilise a wide range of sources and approaches, including the Australian Election Survey, to provide a detailed analysis of this important federal election.
Name, Shame and Blame »
Criminalising Consensual Sex in Papua New Guinea
Authored by: Christine Stewart
Publication date: December 2014
Papua New Guinea is one of the many former British Commonwealth colonies which maintain the criminalisation of the sexual activities of two groups, despite the fact that the sex takes place between consenting adults in private: sellers of sex and males who have sex with males. The English common law system was imposed on the colonies with little regard for the social regulation and belief systems of the colonised, and in most instances, was retained and developed post-Independence, regardless of the infringements of human rights involved.
Now the HIV pandemic has thrown a spotlight, not altogether welcome, on the sexual activities of these two groups. In Papua New Guinea, a growing body of behavioural research has focused on such matters as individual sexual partnering, condom use and awareness of HIV. My work, however, has a different purpose. I chose the terms in the title to highlight a nexus which I believe exists between the criminal law and negative attitudes of society. At an international level, the argument has been put that decriminalising sex work and sodomy will facilitate HIV epidemic management, reducing the stigma and discrimination these groups encounter and making them easier to reach. I undertook my research therefore with the aim of gaining deeper understanding of the effects the current situation of criminalisation might have on the social lives of these criminalised people today, in the country generally and in Port Moresby the capital in particular, and whether these effects might provide evidence to support the argument for law reform.
This is a rich and well-researched study of the legal, social and moral issues surrounding the criminalisation of two forms of consensual sex…. A very impressive piece of work, it is extensively documented, relies on a wide range of material and makes a clear and coherent argument about the place of law in producing identities and exclusions…. The attention to change over time and the complexity of the ways in which sexual behaviour is enacted and punished is a particular strength of the book.
—Professor Sally Engle Merry, Anthropology, Law and Society, New York University
This book is an exceptional contribution to our knowledge of the nexus between the criminal law and negative attitudes of society, and what effects criminalization has on the social lives of prostitutes and males who have sex with males, and whether these effects might provide evidence to support the argument for law reform…. The author’s experience of Papua New Guinea allows her to comment in depth on such matters as the United Nations’ human rights approach to the HIV epidemic and their call to decriminalize all sexual acts between consenting adults…. She shows that criminal laws—with the help of the normative discourse of religion and media—underpin and legitimize high levels of stigma, discrimination and abuse of prostitutes and males who have sex with males…. The quality of the writing and general presentation are exceptional.
—Laura Zimmer-Tamakoshi, Truman State University (retired)
Fiji: A Place Called Home »
Authored by: Daryl Tarte
Publication date: November 2014
Few people have been in the unique position of being able to observe and record the dramatic changes that have taken place in the islands of Fiji over the past 80 years than fourth-generation citizen, Daryl Tarte. He writes emotively, in great detail, about his personal experience of growing up on a remote island during the colonial era, when races were segregated, and white people lived an elite existence.
Following independence, he has been personally involved with many of the key economic, political and social activities that have evolved and enabled the nation to progress during the 20th century. These include the sugar industry, tourism, commerce and industry, religion, the media, women and of course, the coups.
His observations into the complexities of leadership in these areas of national development are fascinating and perceptive. Much of the story is told through the eyes of the many people of all races with whom he has interacted.
Fiji is made up of over 300 unique islands. Tarte has been to many of them, and in a final chapter he gives an insightful commentary of how different they all are.
East Asia Forum Quarterly: Volume 6, Number 4, 2014 »
Publication date: November 2014
East Asia Forum Quarterly grew out of East Asia Forum (EAF) online, which has developed a reputation for providing a platform for the best in Asian analysis, research and policy comment on the Asia Pacific region in world affairs. EAFQ aims to provide a further window onto research in the leading research institutes in Asia and to provide expert comment on current developments within the region. The East Asia Forum Quarterly, like East Asia Forum online, is an initiative of the East Asia Forum (EAF) and its host organisation, the East Asian Bureau of Economic Research (EABER) in the Crawford School of Economics and Government in the College of Asia & the Pacific at The Australian National University.
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Agenda - A Journal of Policy Analysis and Reform: Volume 21, Number 1, 2014 »
Edited by: William Coleman
Publication date: November 2014
Agenda is a refereed, ECONLIT-indexed and RePEc-listed journal of the College of Business and Economics, The Australian National University. Launched in 1994, Agenda provides a forum for debate on public policy, mainly (but not exclusively) in Australia and New Zealand. It deals largely with economic issues but gives space to social and legal policy and also to the moral and philosophical foundations and implications of policy.
Subscribe to the Agenda Alerting service if you wish to be advised on forthcoming or new issues.
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