...operates under the theory that there is a separation of powers among the three divisions of government. The doctrine of the separation of powers was instigated to divide the institutions of government into three separate entities; legislative, executive and judicial. Each entity has different responsibilities; the legislative (parliament) is the supreme law-maker, and responsible for making the law. The executive (administration) administers laws made by parliament, and the judiciary, or courts, enforce and interpret the laws. As a result, the powers and functions of each branch are supposedly separate, allowing no single entity to establish complete authority, while each remain interdependent on one another. This ensures that there are checks and balances on authority, placing limits on what each institution can do, guaranteeing the prevention of 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...
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...describe corporate governance as a subject of topical interest would be masterly understatement. What had already become a hot topic in Australia during 2001 has since burst out across the world, involving the direct intervention of the President of the United States. I’d say that Monash University has got its timing pretty right. The interesting question is whether this initiative would have received any interest or support in Australia two years ago. There is little doubt that by the end of the 1990s the business community was becoming wearied by the concept of corporate governance, seeing it as somewhat irrelevant, even passé: a response to the no longer relevant excesses of the 1980s. Many years of sustained economic growth, and Australia’s remarkable survival of the financial crisis in Asia, had led to a period of complacency about corporate governance - over time it became institutionalised and compliance focused, more driven by process and legal liability management for corporate officers than by notions of shareholder protection and wealth creation. In retrospect this self-confidence looks particularly short-sighted. At the very time when most of Asia, supported by the World Bank and the IMF, was focussed on the importance of corporate governance and institution building, the more developed economies (including Australia) assumed that their existing standards were adequate. We were, I think, partly lulled by the knowledge that some of the key economic ...
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...Human Rights 1. The nature and Development of human rights The definition of human rights * Universal Declaration of Human Rights (UDHR) sets out the fundamental purpose for recognizing human rights * In the general sense, human rights refer to basic rights and freedoms that are believed to belong to all human beings * As stated in the UDHR, these rights differ from ordinary rights under domestic law as they are considered to be universal, inalienable (cannot be taken away) and inherent to all people. Developing recognition of human rights * The abolition of slavery * The campaign for universal suffrage * The trade union movement and labour rights * The right of a group to self-determination * Emerging environmental rights * The attempt to establish a right to peace The abolition of slavery * Slavery is a type of forced labour where a person is considered to be the legal property of another * Slavery was practiced legally until the 20th century * Common forms of slavery involved: debt slavery (forced to pay off a loan with labour), slavery as punishment for crime, prisoners of war committed to slavery * Moves to abolish slavery and slave trading began in the 12th century, e.g. Iceland abolished slavery in 1117 * During the 17th – 19th century, the transatlantic slave trade (the trading of African people by Europeans, transporting them as slaves from Africa to the colonies of the New World) was in action as Europeans...
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...Certificate of Education 2014 SUPERVISOR TO ATTACH PROCESSING LABEL HERE Letter STUDENT NUMBER LEGAL STUDIES Written examination Tuesday 11 November 2014 Reading time: 3.00 pm to 3.15 pm (15 minutes) Writing time: 3.15 pm to 5.15 pm (2 hours) QUESTION AND ANSWER BOOK Structure of book Number of questions Number of questions to be answered 13 13 Number of marks 70 • Students are permitted to bring into the examination room: pens, pencils, highlighters, erasers, sharpeners and rulers. • Students are NOT permitted to bring into the examination room: blank sheets of paper and/or white out liquid/tape. • No calculator is allowed in this examination. Materials supplied • Question and answer book of 18 pages. • Additional space is available at the end of the book if you need extra paper to complete an answer. Instructions • Write your student number in the space provided above on this page. • You should make use of stimulus material where it is included. However, it is not intended that this material will provide you with all the information to fully answer the question. • All written responses must be in English. Students are NOT permitted to bring mobile phones and/or any other unauthorised electronic devices into the examination room. © VICTORIAN CURRICULUM AND ASSESSMENT AUTHORITY 2014 2014 LEGAL STUDIES EXAM 2 Instructions Answer all questions in the spaces provided. Question 1 (2 marks) Outline one effect...
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...Conflict of interest between the shareholders and the managers is an on going debate in the literature of corporate governance. In this situation, the board of directors is supposed to be a critical mechanism in supervising the actions of management. Researchers of corporate governance field are well motivated to study about the numerous features of the board of directors based on different theoretical backgrounds. Agency theory and the stewardship theory has been widely used as a theoretical framework by many of these studies. Concerning the board of directors, a developing area of research is whether the CEO and board Chairman roles are split or not to be split (Dey, Ellen and Liu 2011). Agency theory proponent claims that in the best interests of shareholders it is necessary to have a separate Chairman of board and CEO (Nicholson and Kiel 2007). On the contrary, stewardship theory supporters believe in the concept of CEO duality in which the role of CEO and board chair is performed by one person (Abels and Martel 2013). The need for monitoring arises because of the separation of ownership and control. Shareholders, who are the owners of the corporation delegates power to managers and expect them to work in their interest. Advocates of agency theory suggest that managers could be motivated by self-interest and may perform activities, which are not in the favor of the...
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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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...Despite the doctrine of separation of powers, the three arms of government in Australia and in many other democracies are not strictly separate because: Members of the executive are also members of the legislature. Chapter 1, 'Australian legal system'. Executive members are drawn from elected members of Parliament (the legislature) to form the administrative arm of the Government. Which of the following categories of law will apply if Johnny is accused of breaching copyright? Intellectual property law. Chapter 1, 'Law and life'. Intellectual Property Law protects copyright by recognising the right to copy an original work that belongs to the author. According to the doctrine of responsible government: The Executive Council is comprised of elected representatives who are also members of the legislature. Chapter 1, 'The Australian legal system'. The Executive branch of government is also a member of Parliament and so are answerable to the citizens who elected them. Double jeopardy is the legal principle that states that: A person should not be tried more than once for the same crime. Chapter 1, 'The nature of law'. The law is designed to prevent the misuse of power. The notion of egalitarianism is: The idea that resources should be shared equally within a community. Chapter 1, 'Justice, ethics and politics'. Egalitarianism refers to equality of opportunity or equality of outcome. According to relativism: Ethical rules are universal and unchanging. Chapter...
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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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...parties' disagreements outside of court's antagonistic setting. Today, ADRs are greatly compelling to the point that courts frequently oblige parties to seek after this plan B before disputing their cases. Both arbitration and mediation may be court-requested. Settling one's dispute through components outside to the court structure may spare one time and cash. In the last twenty-five years, since Australia held onto multiculturalism as an approach, issues of intercultural correspondence have ended up more noticeable in the working environment. On the other hand, until as of late, little had been composed on these issues, and even now, numerous authoritative managers have no preparation. They as well have no learning of how to manage correspondence problems, despite the fact that most workplaces are staffed by individuals of diverse cultures. The report examines these three issue areas and shows that a considerable lot of the difficulties confronted by migrants in the workforce are caused by the absence of awareness of, and preparing in, intercultural correspondence. Why clients should be encouraged to use ADR and Implications Clients ought to be encouraged to make use of these alternative methods for solving conflicts for a number of reasons. ADR can permit access to justice. Case in point, as there can be cost and time savings in ADR, it can be more accessible to those of restricted monetary means. ADR can be faster. A dispute can regularly be resolved through ADR while a...
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...sovereignty in a colonial area, such as the British HEIC or the Dutch VOC. These companies operate as a major state within a state with its own armed forces. There can also be non-political governors: high ranking officials in private or similar governance such as commercial and non-profit management, styled governor(s), who simply govern an institution, such as a corporation or a bank. For example, in the United Kingdom and other Commonwealth countries there are prison governors ("warden" in the United States), school governors and bank governors. The Role of a Governor is different with respect to different Constitutions. In case of the Republic Nations, the role of the Governor may have different connotations. The role is generally classified into two sub roles. They are: 1. The Constitutional role and 2. The Ceremonial role. The object of this study is to understand both the forms of roles and...
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...MALAYSIA – SINGAPORE RELATIONS: THE SECURITY DILEMMAS INTRODUCTION ‘It's impossible to be friendly with Singapore because of the neighbouring city states’ unfriendliness towards Malaysia. Singapore gets into that kind of mood that they reject anything that comes from Malaysia. We try to be as friendly as possible but it's impossible’.[1] Tun Dr. Mahathir Mohamad Former Malaysia Prime Minister “…we fear that at some time or other there could be a random act of madness like cutting off our water supplies, which they had publicly threatened whenever there were differences between us… we have to be prepared for all contingencies”.[2] Lee Kuan Yew Former Singapore Prime Minister Singapore became a part of Malaysia in 1963. On the part of Singapore, such was a welcomed move as Singapore lacks the depth, mass and resources deemed necessary for development and survival. On the part of Malaysia, however, it started-off as a half-hearted decision, with Tunku Abdul Rahman fearing that the Chinese population in Singapore would, after the merger, upset the Malay majority in Malaya. In May 1960, he told Malayan students in London that “(The) Chinese-educated and new immigrants will always be loyal to China and they are less Malay-minded,” and that the inclusion of the 1.3 million Chinese would confuse Malayans and ruin the calm atmosphere of the Federation[3]...
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...Unibersidad De Manila 659-A Justice Cecilia Munoz-Palma Street, Ermita, Manila, Metro Manila Parliamentary: A Good Form of Government Aira C. Adao UC-48 Prof. Marvin Ignacio Politics and Governance January 20, 2015 I. Title: Parliamentary: A Good Form of Government II. Abstract HYPOTHESIS 1. What is Parliamentary Government? 2. What are the types of Parliamentary Government? 3. What are the advantages and disadvantages of Parliamentary System? 4. What countries are implementing Parliamentary System? 5. What is the difference between Parliamentary System and Presidential System? OBJECTIVES * To point out the good sides of the Parliamentary system. * To discuss the process of legislation of the Parliamentary Government. * To tackle the important topic about Parliamentary system. * To form a good information to the readers about the essence of Parliamentary system. SIGNIFICANCE * This term paper gives information to the reader about the system of Parliamentary Government. * This paper will benefit the ones who search information about the essence of Parliamentary system. III. Introduction Parliament, (from Old French: parlement; Latin: parliamentum) the original legislative assembly of England, Scotland, or Ireland and successively of Great Britain and the United Kingdom; legislatures in some countries that were once British colonies are also known as parliaments. The British Parliament, often referred...
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...telecommunications company, which provides one of the best-known brands in the country. They offer a full range of services and compete in all areas of telecommunications both domestically and internationally. Telstra’s vision is to enhance its position as the leading full service telecommunications and information Service Company in Australia as well as to expand its presence internationally. (Telstra Website, 2008) Telstra, originally Telecom Australia was established in 1901 by the Postmaster Generals Department to manage all domestic phone services. Telecom Australia continued to be operated by the Postmaster Generals Department until 1975. In 1989, Telecom Australia became the official Telecommunications Corporations for all domestic and international telephone services. On the 1st of July 1995 Telecom Australia changed their name to Telstra for the purpose of differentiation from other global telecommunications companies. The company has been trading international since 1993. Currently Telstra operates in over 19 countries worldwide (Telstra Annual Report, 2005, p.12). The “Telstra Corporation Limited” (Telstra) is the primary telecommunications supplier of Australia and the southern Pacific region. Telstra have spent 4 years of preparation, 2 years of project implementation and over $1.5 Billion AU to design, build and provide a fully national IP network. This fully integrated network is known as the Telstra Next IP & Next G networks (Next networks). The business drivers for Telstra...
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...Psychology Position Paper Nagle Catholic College Danni Carroll “Psychology is the scientific study of how we think, feel and act. It aims to answer important questions such as what motivates people to behave the way they do and what factors influence the way they think, feel and behave as they grow up and develop” (Fletcher and Garton, 2007). Psychology is applied to society as a whole; it can help us understand how we as individuals can function as members of society and the values and attitudes to things such as Culture, Social values and practices and Social, Historical and Political Influences. Psychology studies have also taken us into the minds of others and how they react to certain situations; from this psychologists have created the areas of Social Psychology, Relational Influences and Communication that their studies fall under. The study of psychology also lets us find out more about ourselves as individuals such as our Biological Influences, Cognition, Developmental and Personality (Fletcher and Garton 2007). This position paper is aimed at a year 12 Psychology class studying 3AB Psychology: Self, Others and Society. The class consists 17 students with the majority of the students being female and aged 16-17. The purpose of this paper is to provide the students with a clearer understanding of the Psychology areas of Self, Others and Society. Case Study 1 – Personality Personality is defined as the characteristics of a person which remain consistent over...
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...literacy and making information publicly available. The project is a collaborative venture between three University of Canberra research centres and key governmental and industry partners including the Australian National Audit Office, the Australian Government Department of Finance and Administration, Deloitte, Touche, Tohmatsu, CPA Australia and MinterEllison Lawyers. This paper is the first in a series that will be produced by researchers and industry partners involved in the project. The aim of the series is to identify and explore key emerging public sector governance issues and encourage wider discussion and activity. The series has been designed for public sector practitioners and corporate governance ‘enthusiasts’ across the public and private sectors. All papers will be broadly distributed and will be available online - www.canberra.edu.au/corpgov-aps Acknowledgements The Authors gratefully acknowledge the assistance of the industry partners and colleagues who contributed to this paper: Dr Russell Ayres Mr Andrew Bain - University Secretary, Murdoch University Mr Patrick Gourley Mr Geoff Hine & Ms Anna D’Alessandro – CPA Australia Mr John Kalokerinos – MinterEllison Lawyers Mr Ian McAuley – University of...
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