Suchergebnisse

Judicial independence and accountability are central legal and political values. Chapter III of the Australian Constitution entrenches the minimum standard for judicial independence. The High Court is the guardian against that standard being encroached. A mechanism for judicial accountability in the federal jurisdiction must be consistent with Chapter III. In recognition that the High Court will strictly enforce the primacy of Chapter III, the Parliamentary Judicial Misbehaviour or Incapacity Commission Bill is "a conservative constitutional approach to ensure validity".2 Section 72 of the Constitution provides a notional standard for the removal of federal judges; "proved misbehaviour or incapacity". However, the section does not clarify the appropriate procedure which the Parliament can adopt as they contemplate removal. T11e PJMIC would facilitate the credibility and transparency of parliamentary deliberations under s72 by providing an investigative service. Since the PJMIC does not adjudicate, or even directly receive, complaints, its scope of operation will be unlikely to infringe the exclusive vesting in s72. The PJMIC Bill is paralleled by a proposed amendment to the Senate and House of Representative Standing Orders. This amendment would impose important safeguards against the use of parliamentary privilege on hi vial or reckless grounds. 3 The misuse of parliamentary privilege in this regard would have serious consequences for public confidence in a Justice. Significant difficultly is presented by the situation of judicial misbehaviour or incapacity which, although constitutive of undesirable conduct, would not satisfy the threshold for removal. Where judicial misbehaviour or incapacity has directly impacted the outcome of a case, the appeals process may provide an immediate remedy. However, it should not remain the obligation of a party to detect and enforce proper judicial conduct. Where less serious judicial misconduct or incapacity has occurred, it is apt to question what the practical protection ensured by the concept of judicial independence is. If judges do not have margin to make some errors of judgement without a looming accountability mechanism, substantive make some errors of judgement without a looming accountability mechanism, substantive judicial independence is defeated. Under the current federal arrangement the treatment of complaints is effectively selfregulated by the judiciary. That is, complaints are resolved by an informal and collegial approach. This arrangement has recently been criticised as unacceptably secretive and lacking in transparency. 4 Given the growing public imperative for the transparent treatment of complaints, it is undesirable that judicial accountability in the federal jurisdiction remain an informal, differentiated and ad hoc procedure. In Australia, the use of judicial commissions has been controversial and inconsistent. The Judicial Commission of New South Wales, made constitutionally viable by the Kable doctrine, is increasingly presented as an ideal judicial commission. Although Victoria and Western Australia are currently contemplating the replication of the JCNSW, it is unlikely that a reform would be consistent with Chapter III in the federal context. The PJMIC is not structured to address less serious complaints, and neither it feasible to independence is defeated. Under the current federal arrangement the treatment of complaints is effectively selfregulated by the judiciary. That is, complaints are resolved by an informal and collegial approach. This arrangement has recently been criticised as unacceptably secretive and lacking in transparency.4 Given the growing public imperative for the transparent treatment of complaints, it is undesirable that judicial accountability in the federal jurisdiction remain an informal, differentiated and ad hoc procedure. In Australia, the use of judicial commissions has been controversial and inconsistent. The Judicial Commission of New South Wales, made constitutionally viable by the Kable doctrine, is increasingly presented as an ideal judicial commission. Although Victoria and Western Australia are currently contemplating the replication of the JCNSW, it is unlikely that a reform would be consistent with Chapter III in the federal context. The PJMIC is not structured to address less serious complaints, and neither it feasible to replicate the JCNSW. Accordingly, this paper recommends a replication of s21 B(IA)(b) of the Family Law Act 1975 in each federal court statute. It also adopts the recommendation of the Access to Justice Advisory Committee (1994) ('AJAC') proposal for the introduction of court charters. If each federal court would codify their expectations for performance standards in a charter, this would allow for judges, court staff, parliamentarians considering a s72 motion, and the general public to have the same expectations and information. A charter could also outline a comprehensive process for the treatment of complaints within each court; it could express precisely the responsibilities of the chief justices in complaint handling; and could implement the Constitutional Committee (2009) recommendation that the federal courts should publish quarterly complaint handling summaries.

Discusses four challenges facing NATO forces in Afghanistan: (1) preventing the Taliban from becoming a distraction to the core mission of security establishment & reconstruction; (2) ensuring that there are enough NATO forces on the ground; (3) understanding the nature of the opposition; & (4) applying a comprehensive approach that weaves together security, reconstruction, rule of law, & governance.

"Precarious Privilege demonstrates how social class permeates all aspects of the racialization of illegality in Atlanta today, from the stigmatized image of the "typical Latino" as a working-class undocumented Mexican to the political and media elites that construct this image to the heritage belief systems, identities, and markers of prestige that middle-class Latino immigrants deploy to resist such stigmatization. As the intensifying state-sponsored racialization of illegality throughout the United States threatens the status of Latino professionals, many marshal transnational middle-class status to combat it. To understand how social class privilege shapes both the experience of racialization of illegality and middle-class Latino immigrants' reactions and responses, Irene Browne addresses two guiding questions: First, how do first-generation middle-class Mexican and Dominican immigrants experience the racialization of illegality in Atlanta? Second, how does social class factor into this experience of racialization, and into the strategies that Mexican and Dominican immigrants deploy to negotiate and resist it? The book will aid policymakers and scholars in efforts to address anti-immigrant racism and benefit professionals such as teachers, healthcare workers, and counselors by highlighting the diversity within the Latino immigrant population and identifying the difficulties that this population faces. It will also help activists by explaining how middle-class Latino immigrants situate themselves within the U.S. landscape of race and inequality and the general public by offering a more complex picture of Latino immigrants."

"This book turns the argument about aid effectiveness on its head. Since development assistance is inherently self-interested, a source of soft power, political manipulation and commercial opportunity, its real effectiveness could arguably be judged by the strength of donor influence and not by development impact. Its subjective nature means that its impact on development is often weak, mainly short-term and confined to limited and specific contexts. Aid as influence was prevalent during the Cold War era. The connection is equally strong in this century's newly bipolar world in which the contest is between western donors led by the USA, and China which is spending hundreds of billions of dollars on infrastructure as a means of influence in the global South. Influence permeates both bilateral and multilateral aid and in parallel with official aid, the rise of global philanthropy has seen it taken up by some of today's billionaires. The response by donors to the growing havoc caused by the three Cs - conflict, climate change and COVID - confirms the main findings of the book, which concludes by outlining what aid without influence would look like. This book draws on the author's 40 years of experience of the aid industry and will be essential reading for development students, practitioners and policy makers alike"--

Why is a focus on gender so important for interpreting the world in which we live? Sixteen world-famous scholars have been brought together to address this question from their respective fields: Political Theory, Philosophy, Medical Anthropology, Law, Geography, Islamic Studies, Cultural Studies, Philosophy of Science, Literature, Psychoanalysis, History of Art, Education and Economics. The resulting volume covers an extraordinary array of contexts, ranging from rethinking trans* bodies, to traumatized tribal communities, to sexualized violence, to assisted reproductive technologies, to the implications of epigenetics for understanding gender, and yet they are all connected by their focus on the importance of gender as a category of analysis. The publication of this volume celebrates the anniversary of the launch of the Centre for Gender Studies at the University of Cambridge, and features contributions from past and future Diane Middlebrook and Carl Djerassi Visiting Professors to the University.