Pub Date : 2023-07-22DOI: 10.1177/1037969x231190481
Ethan Katz
Despite Australia’s reputation as a jurisdiction with enviable voter enfranchisement and participation procedures, people with physical disabilities are inadequately catered for by federal and state/territory electoral processes. While alternative voting schemes seek to address this issue, they are either too narrowly constructed, carry election integrity risks, or otherwise provide a voting experience lacking independence. This article examines adequate enfranchisement for people with physical disabilities in the context of Australia’s international human rights law obligations, including the case study of Given v Australia. Barriers to full enfranchisement of people with physical disabilities are considered, including cost, logistics and political will.
{"title":"Australia, ‘the most voter-friendly country in the world’? Examining voting rights for people with physical disabilities","authors":"Ethan Katz","doi":"10.1177/1037969x231190481","DOIUrl":"https://doi.org/10.1177/1037969x231190481","url":null,"abstract":"Despite Australia’s reputation as a jurisdiction with enviable voter enfranchisement and participation procedures, people with physical disabilities are inadequately catered for by federal and state/territory electoral processes. While alternative voting schemes seek to address this issue, they are either too narrowly constructed, carry election integrity risks, or otherwise provide a voting experience lacking independence. This article examines adequate enfranchisement for people with physical disabilities in the context of Australia’s international human rights law obligations, including the case study of Given v Australia. Barriers to full enfranchisement of people with physical disabilities are considered, including cost, logistics and political will.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"216 - 220"},"PeriodicalIF":0.7,"publicationDate":"2023-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41715664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-17DOI: 10.1177/1037969X231189058
Jay Nemec
As Mary Jane Mossman has identified, and despite it containing ample room for judges to choose, legal method has customarily been used as a tool to preserve the status quo and exclude other perspectives. This Brief combines personal experiences in the law with contemporary cases to demonstrate why justice is still so rare. I argue that it is not possible for justice to be consistently achieved without changing the predominant legal method.
正如玛丽·简·莫斯曼(Mary Jane Mossman)所指出的那样，尽管法律方法为法官提供了充分的选择余地，但它通常被用作维持现状和排除其他观点的工具。本摘要结合个人在法律上的经历和当代的案例来说明为什么正义仍然如此罕见。我认为，如果不改变主要的法律方法，就不可能始终如一地实现正义。
{"title":"Can the legal method produce justice? Contemporary reflections on Mary Jane Mossman","authors":"Jay Nemec","doi":"10.1177/1037969X231189058","DOIUrl":"https://doi.org/10.1177/1037969X231189058","url":null,"abstract":"As Mary Jane Mossman has identified, and despite it containing ample room for judges to choose, legal method has customarily been used as a tool to preserve the status quo and exclude other perspectives. This Brief combines personal experiences in the law with contemporary cases to demonstrate why justice is still so rare. I argue that it is not possible for justice to be consistently achieved without changing the predominant legal method.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"221 - 224"},"PeriodicalIF":0.7,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48775599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-15DOI: 10.1177/1037969X231186196
Will Cesta
This article considers the compatibility of Australia’s marketised National Disability Insurance Scheme and the United Nations Convention on the Rights of Persons with Disabilities. The author recognises that market-based disability support is largely compatible with Australia’s human rights commitments but resists the idea that it is capable of serving the interests of all Australians with disabilities. Markets can and do fail, and market stewardship, the government’s proposed antidote, is only a partial solution. As such, we should embrace a pluralist disability support system that sees non-market mechanisms – like block funding – as playing an important role in disability support systems.
{"title":"Disabilities, markets and rights: The limits of a marketised national disability insurance scheme","authors":"Will Cesta","doi":"10.1177/1037969X231186196","DOIUrl":"https://doi.org/10.1177/1037969X231186196","url":null,"abstract":"This article considers the compatibility of Australia’s marketised National Disability Insurance Scheme and the United Nations Convention on the Rights of Persons with Disabilities. The author recognises that market-based disability support is largely compatible with Australia’s human rights commitments but resists the idea that it is capable of serving the interests of all Australians with disabilities. Markets can and do fail, and market stewardship, the government’s proposed antidote, is only a partial solution. As such, we should embrace a pluralist disability support system that sees non-market mechanisms – like block funding – as playing an important role in disability support systems.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"172 - 177"},"PeriodicalIF":0.7,"publicationDate":"2023-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44314418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-12DOI: 10.1177/1037969X231188066
R. Sifris, P. Gerber
In Australia today, trans and gender diverse people face daily indignities in a myriad of contexts, including when accessing sexual and reproductive health care. This article illuminates some of the barriers that trans and gender diverse people experience when seeking sexual and reproductive health care and illustrates how these obstacles violate human rights. It concludes with recommendations regarding reforms to better protect the rights and dignity of trans and gender diverse people in Australia.
{"title":"Sexual and reproductive health care for trans and gender diverse people: Imagining a human rights-based approach","authors":"R. Sifris, P. Gerber","doi":"10.1177/1037969X231188066","DOIUrl":"https://doi.org/10.1177/1037969X231188066","url":null,"abstract":"In Australia today, trans and gender diverse people face daily indignities in a myriad of contexts, including when accessing sexual and reproductive health care. This article illuminates some of the barriers that trans and gender diverse people experience when seeking sexual and reproductive health care and illustrates how these obstacles violate human rights. It concludes with recommendations regarding reforms to better protect the rights and dignity of trans and gender diverse people in Australia.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"159 - 165"},"PeriodicalIF":0.7,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48299456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.1177/1037969x231181970
{"title":"Breathing life into a mariner’s tale","authors":"","doi":"10.1177/1037969x231181970","DOIUrl":"https://doi.org/10.1177/1037969x231181970","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"82 - 82"},"PeriodicalIF":0.7,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48260760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-30DOI: 10.1177/1037969x231180011
{"title":"Law & Culture","authors":"","doi":"10.1177/1037969x231180011","DOIUrl":"https://doi.org/10.1177/1037969x231180011","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135642250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-27DOI: 10.1177/1037969X231179862
Ergun Cakal
Solitary confinement of children is increasingly being challenged in Australian courts, with rulings recently handed down in Victoria, Queensland and Western Australia. Recent international jurisprudence on the harmful practice, and on torture more broadly, stands poised to advance the local cause. This article warns that some international perspectives are outdated, with faulty or politically charged logics, and that, while appearing measured at first sight, reliance on older jurisprudence may ultimately impede progress. Comparative reasoning thus warrants careful consideration, given the complex political (hierarchical, state-deferential), definitional and evidential dynamics (conceiving and substantiating harm, purpose, intention) at play in adjudicating torture and inhuman or degrading treatment.
{"title":"Isolating children in detention: Cautioning international comparisons","authors":"Ergun Cakal","doi":"10.1177/1037969X231179862","DOIUrl":"https://doi.org/10.1177/1037969X231179862","url":null,"abstract":"Solitary confinement of children is increasingly being challenged in Australian courts, with rulings recently handed down in Victoria, Queensland and Western Australia. Recent international jurisprudence on the harmful practice, and on torture more broadly, stands poised to advance the local cause. This article warns that some international perspectives are outdated, with faulty or politically charged logics, and that, while appearing measured at first sight, reliance on older jurisprudence may ultimately impede progress. Comparative reasoning thus warrants careful consideration, given the complex political (hierarchical, state-deferential), definitional and evidential dynamics (conceiving and substantiating harm, purpose, intention) at play in adjudicating torture and inhuman or degrading treatment.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"166 - 171"},"PeriodicalIF":0.7,"publicationDate":"2023-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42587354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-18DOI: 10.1177/1037969x231164731
A. Hewitt, Stacey Henderson, Kylie Covark
Australia’s legal profession is currently undergoing a long-awaited reckoning as professional representative bodies, law firms and courts craft solutions to the embedded culture of sexual harassment. But what of the other exclusionary and inequitable practices in legal workplaces? This article considers a project to minimise the myriad risks for legal interns in South Australia. By educating both law students and placement hosts about interns’ rights, and how lawyers from a range of backgrounds can be supported to succeed, we hope to facilitate equitable and successful participation in legal work experience for a new generation of diverse and inclusive practitioners.
{"title":"Minimising risks for South Australia’s legal interns","authors":"A. Hewitt, Stacey Henderson, Kylie Covark","doi":"10.1177/1037969x231164731","DOIUrl":"https://doi.org/10.1177/1037969x231164731","url":null,"abstract":"Australia’s legal profession is currently undergoing a long-awaited reckoning as professional representative bodies, law firms and courts craft solutions to the embedded culture of sexual harassment. But what of the other exclusionary and inequitable practices in legal workplaces? This article considers a project to minimise the myriad risks for legal interns in South Australia. By educating both law students and placement hosts about interns’ rights, and how lawyers from a range of backgrounds can be supported to succeed, we hope to facilitate equitable and successful participation in legal work experience for a new generation of diverse and inclusive practitioners.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"143 - 147"},"PeriodicalIF":0.7,"publicationDate":"2023-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46844172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-17DOI: 10.1177/1037969X231175699
J. Woolford
This article considers the appropriateness of reforms to the South Australian Independent Commission Against Corruption (ICAC) passed by the state Parliament in 2021. Specifically, the author considers the narrower definition of ‘corruption’ in public administration for the purposes of ICAC investigations, and further examines the transfer of ‘misconduct’ and ‘maladministration’ investigations to the SA Ombudsman. The author contends that the excessive application of ICAC power on alleged minor offending justified a transfer of responsibility for such matters. However, the amended definition of corruption in public administration is argued to unreasonably limit the intended utility of the ICAC.
{"title":"Investigating corruption, maladministration and misconduct in public administration: Has South Australia struck the right balance?","authors":"J. Woolford","doi":"10.1177/1037969X231175699","DOIUrl":"https://doi.org/10.1177/1037969X231175699","url":null,"abstract":"This article considers the appropriateness of reforms to the South Australian Independent Commission Against Corruption (ICAC) passed by the state Parliament in 2021. Specifically, the author considers the narrower definition of ‘corruption’ in public administration for the purposes of ICAC investigations, and further examines the transfer of ‘misconduct’ and ‘maladministration’ investigations to the SA Ombudsman. The author contends that the excessive application of ICAC power on alleged minor offending justified a transfer of responsibility for such matters. However, the amended definition of corruption in public administration is argued to unreasonably limit the intended utility of the ICAC.","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"204 - 209"},"PeriodicalIF":0.7,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45620223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-17DOI: 10.1177/1037969x231176912
{"title":"A Voice to Parliament and government","authors":"","doi":"10.1177/1037969x231176912","DOIUrl":"https://doi.org/10.1177/1037969x231176912","url":null,"abstract":"","PeriodicalId":44595,"journal":{"name":"Alternative Law Journal","volume":"48 1","pages":"83 - 83"},"PeriodicalIF":0.7,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42434458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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