...absolutism or corruption and certifying the protection of individual rights. However, under the Westminster System, this separation is not in complete operation. In reality, the legislature and executive are not entirely separated. As the ministers, government departments and agencies are elected from, and consequently accountable to the parliament, there is a significant amount of interconnection between the two branches. This embodies the doctrine of responsible government; a system of government that exemplifies parliamentary accountability. Conversely, there is a more distinct separation of the judiciary from the legislative and executive institutions. Part Two The doctrine of precedent dictates that a court is bound to follow previous decisions made by higher courts in the same hierarchy. It is critical to be aware of the court hierarchy in order to understand the operation of precedent, as a precedent is only binding if it was made by a court in...
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...Due to the RDA, racial discrimination is unlawful in the states and territories of Australia. It overrides the legislation to the degree of any deviation. The RDA is carry out by the Australian Human Rights Commission. If there are any complaints the president of the AHRC must investigate it. If the complaint is approved the AHRC will appease the matter. In some situation, this might not be the case, if the commission fails to consult to an agreement, the complaint is passed to the Federal court. After certain situations, the RDA will attempt to reaffirm every individual about the...
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...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...historical and sociocultural. Specifically, to the fields of Indigenous and Legal Studies, it will confirm that communication is heavily influenced by context. Situational context is the setting, environment, activity or specific situation in which the communication is taking place. As a result, of this, it is a major factor in influencing modes of communication that are produced (Kossen, Kiernan and Lawrence, 2013). For instance, an informal pub location will have forms of communication that will differ significantly to that of a formal ballroom room function. When describing the outcome of situational context in communication Kossen states- “The context of situation enables us to interpret what is occurring in an accurate and appropriately informed manner.” (Kossen, Kiernan and Lawrence, 2013, p.126). Additionally, the use of technology plays a vital role in situational context and can see a breakdown in communication. According to Tardanico, (2012) in regard to social media, 93% of communication is non-verbal and therefore in the situational context of social technology we see this form of communication not being used when compared to ‘normal’ modes of communication. Therefore, by having informed knowledge of how situations or settings affect the communications process, it can be pivotal to the success of communicating effectively. In the case of this form of the context within Indigenous and Legal Studies, it is fundamental to a successful outcome whether that is in a community...
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...Brett Burt SWK-414 International Social Development Session 3 2010. APA Date submitted: 17th December 2010. via EASTS I, Brett Burt, have read and understood the Charles Sturt University Plagiarism Policy. I declare that this assignment is my own original work and represents my intellectual property. It does not contain the work of others without appropriate reference being made. Essay Question ‘Critically discuss the meaning of international social work and social development and demonstrate your understanding of the integrated perspectives approach by analysing and applying to an issue such as local level development, poverty, post conflict reconstructions, forced displacement.’ International social work seems to mean different things to different people in different communities, across the globe. Even the term ‘social work’ is often hard to pin down in the Western tradition. The first ‘constant’ seems to be the history of the development of social work in Britain after the Industrial Revolution and then across the western world predominantly in the United States. Second, social work as a profession arose as the result of the issues thrown up by the Industrial Revolution, such as mass movements away from rural based living, agricultural jobs reduced, with massive technological innovations commencing as far back as the development of the steam engine. Third, social work as a profession is united by its values which are social justice and a need to...
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...‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could exist, separate from the common law and based on indigenous customary law. Other forms of recognition are ad hoc, but do exist: * Criminal justice system in NT carried out on a customary basis rather than common law in certain cases. * Customary law marriage is recognised. * Certain aspects of indigenous heritage have been protected...
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...in the series Hot Topics: legal issues in plain language, published by the Legal Information Access Centre (LIAC). Hot Topics aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank...
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...L3 Language Literacies Learning Harvard referencing guide UniSA This guide will help you apply the Harvard referencing style to your writing at UniSA. It is designed to help you understand the conventions and principles of this style and make decisions about referencing. There are many different versions of the Harvard style. This guide presents one consistent version for use at UniSA, which conforms to the Australian Government standard guidelines presented in Snooks & Co (eds) 2002, Style manual for authors, editors and printers, 6th edn, Wiley & Sons, Australia. Table of contents What is referencing? ......................................................................................................................... 2 How do we reference? ...................................................................................................................... 3 Sample extract from an essay ............................................................................................................ 5 What if your source does not match? ................................................................................................ 7 Harvard referencing UniSA examples ................................................................................................. 8 Print ................................................................................................................................................... 8 Book ..............................................
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...This article was downloaded by: [University Of South Australia Library] On: 03 April 2015, At: 22:06 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Journal of Australian Studies Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/rjau20 The return of the stolen generation Peter Read a a Historian at the urban research program , Australian National University Published online: 18 May 2009. To cite this article: Peter Read (1998) The return of the stolen generation, Journal of Australian Studies, 22:59, 8-19, DOI: 10.1080/14443059809387421 To link to this article: http://dx.doi.org/10.1080/14443059809387421 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable...
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...HOLLOW AVOWALS OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity...
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...An Abridged Guide to the Harvard Referencing Style Academic Learning Centre Academic Communication The Abridged Guide to the Harvard Referencing Style (author-date) is based on Commonwealth of Australia 2002, Style manual: for authors, editors and printers, 6th edn, John Wiley & Sons Australia, Milton, Qld. This document can be found on CQUniversity’s referencing Web site at http://www.cqu.edu.au/referencing (click on Harvard). Other information about academic writing is available via the Academic Learning Centre’s Moodle site. Maintained by Academic Learning Services Unit Edition T1 2014 Published by CQUniversity Australia COMMONWEALTH OF AUSTRALIA WARNING This Material has been reproduced and communicated to you by or on behalf of CQUniversity pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. CQUniversity CRICOS Codes: 00219C – Qld; 01315F – NSW; 01624D – Vic Table of Contents Why reference/cite? .....................................................................................................1 How to reference ..........................................................................................................1 In-text references.....................................................................................
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...An Abridged Guide to the Harvard Referencing Style Academic Learning Centre Academic Communication The Abridged Guide to the Harvard Referencing Style (author-date) is based on Commonwealth of Australia 2002, Style manual: for authors, editors and printers, 6th edn, John Wiley & Sons Australia, Milton, Qld. This document can be found on CQUniversity’s referencing Web site at http://www.cqu.edu.au/referencing (click on Harvard). Other information about academic writing is available via the Academic Learning Centre’s Moodle site. Maintained by Academic Learning Services Unit Edition T1 2014 Published by CQUniversity Australia COMMONWEALTH OF AUSTRALIA WARNING This Material has been reproduced and communicated to you by or on behalf of CQUniversity pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. CQUniversity CRICOS Codes: 00219C – Qld; 01315F – NSW; 01624D – Vic Table of Contents Why reference/cite? .....................................................................................................1 How to reference ..........................................................................................................1 In-text references..................................................................
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...Vic DEVELOPED BY Academic Learning Services Faculty of Arts, Business, Informatics & Education Rockhampton Queensland Australia This abridged guide explains the Harvard style of author-date referencing system. The information it contains is based on: Commonwealth of Australia 2002, Style manual for authors, editors and printers, 6th edn, rev. by Snooks & Co., John Wiley & Sons Australia, Brisbane. Copyright: Commonwealth of Australia, style reproduced with permission. It is referred to hereafter as ‘the manual’. This guide has been written primarily for the use of students undertaking the preparatory program entitled Skills for Tertiary Education Preparatory Studies (STEPS) at CQUniversity. At an undergraduate level, this document should be used for guidance only. Undergraduates should also consult their Study Guides and lecturers to find out which referencing style conventions are preferred for their courses. Documents from the University of South Australia and the University of Adelaide provided the inspiration for the format of this referencing guide. This document can be found on CQUniversity’s website at http://facultysite.cqu.edu.au/FCWViewer/getFile.do?id=31243 Contents What is referencing? Why should you reference? The quick guide...
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...Ethnicity, Identity and Public Policy Critical Perspectives on Multiculturalism David Bromell Institute of Policy Studies Ethnicity, Identity and Public Policy Critical Perspectives on Multiculturalism David Bromell Institute of Policy Studies First printed in 2008 Institute of Policy Studies School of Government Victoria University of Wellington PO Box 600 Wellington © Institute of Policy Studies ISBN 158 IPS/Pub/978-1-877347-26-9 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced without the permission of the Institute of Policy Studies. Copy editor: Belinda Hill Cover design: Milne Printers Ltd Printed by Milne Printers Ltd Contents List of Tables iv List of Figures iv List of Boxes iv Foreword v Acknowledgments and Disclaimer ix Part One: Introduction and Context of Inquiry 1 Introduction 2 New Zealand Context 3 21 Part Two: Communitarian Responses to Liberalism Introduction to Part Two 61 3 Civic Republicanism: Michael Sandel 63 4 The Politics of Recognition: Charles Taylor 83 Part Three: Multiculturalism Introduction to Part Three 105 5 Multicultural Citizenship: Will Kymlicka 107 6 Common Citizenship in a Multicultural Society: Bhikhu Parekh 151 Part Four: Critical Responses to Multiculturalism ...
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