Law & Policy Papers

Law and Policy Papers Nos 1 - 26

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Paper 26 (2005)
The Coalition Wars against Iraq and Afghanistan in the Courts of the UK, Ireland and the US – Significance for Australia
Professor Geoffrey Lindell
The role of judicial review in the conduct of foreign affairs is explored and illustrated by cases in the United Kingdom, Ireland and the United States concerning or arising out of the two military actions conducted against Iraq in 1990 – 1991 and 2003, respectively, and also an English case arising out of the military action in Afghanistan in the so – called “War on Terrorism” which followed the destruction of the New York Twin Towers buildings on 11 September 2001.

Paper 25 (2004)
Australia and Bilateral Free Trade Agreements
Madelaine Chiam
The proposed US-Australia free trade agreement is part of the Australian government's broader commitment to free trade agreements in general. This paper examines the legal and constitutional implications of free trade agreements for Australia and their impact on the relationship between the three arms of government.

Paper 24 (2004)
Responsible Government and the Australian Constitution: Conventions transformed into Law?
Professor Geoffrey Lindell
The effect of the High Court drawing constitutional implications from the system of representative government in the light of such cases as ACTV and Lange is well known. In this paper Professor Lindell discusses an aspect of those cases which has received less attention, namely, the effect of the Court drawing similar implications from the system of responsible government.

Paper 23 (2004)
South Africa's troubled royalty: Traditional leaders after democracy
Professor Christina Murray
This is the text of the sixth Geoffrey Sawer Lecture given by Professor Murray on 7 November 2003, in which she discusses South Africa's controversial attempts to accommodate traditional leaders in its democratic order.

Paper 22 (2002)
Tribunals of Inquiry and Royal Commissions
Professor Geoffrey Lindell
An examination of the balance between the legitimate demands of the public right to know and the need to protect the privacy of individuals.

Paper 21 (2002)
Twenty Years of Open Government - What Have We Learnt?
Professor John McMillan
The text of a public lecture given at the Faculty of Law, ANU, on 5 March 2002. A survey of the developments in twenty years of open government in Australia that reflects on its achievements, continuing challenges and paths that might have been taken.

Paper 20 (2002)
A Society of Mankind, not States
Judge Navanethem Pillay
The text of the fifth Geoffrey Sawer Lecture given by the President of The International Criminal Tribunal for Rwanda Tribunal, on 31 July 2002. The history and development of the International Criminal Tribunal for Rwanda and an assessment of its significance for the development of international criminal law.

Paper 19 (2001)
The International Human Rights Movement: Part of the Problem?
Professor David Kennedy
This paper was first published in (2001) 3 European Human Rights Law Review 245. It is republished here with the kind permission of the author and publisher.

Paper 18 (2001)
One Hundred Years On: Strengths and Strains in the Constitution
Sir Gerard Brennan AC KBE
This paper was presented by the former Chief Justice of Australia, at the Fourth Geoffrey Sawer Lecture held at the Australian National University on 18 July 2001.

Paper 17 (2001)
Administrative Review: Observations and Reflections
Bettie McNee
This paper was first presented as the Sir Richard Blackburn Lecture of the Law Society of the ACT on 15 May 2001 by the President of the Administrative Review Council.

Paper 16 (2001)
Administrative Review in Transition
Justice Deirdre O'Connor, Susanne Tongue, Dr Peter Nygh, Ms Margaret Carstairs
Four essays by the principal members of the existing tribunals on the proposed changes in the Commonwealth tribunal system discussing the features of the existing system that could be preserved within the new structure.

Paper 15 (2001)
The Resurrection of the Republic
Professor George Winterton
A discussion of the 1999 Republic referendum and the prospects for future constitutional change.

Paper 14 (2000)
Australia and the United Nations: Challenges in the New Millennium
HE Ambassador Penny Wensley
The Australian Ambassador to the United Nations reflects on the Australia-United Nations relationship.

Paper 13 (1999)
The Common Law in Australia: Its Nature and Constitutional Significance
Professor Leslie Zines
One of Australia's most respected constitutional lawyers examines the development of an Australian common law and its complex relationship with the Australian Constitution.

Paper 12 (1999)
National Implementation: The Cutting Edge of International Human Rights Law
The Hon. Elizabeth Evatt AC
(the text of the Geoffrey Sawer Lecture, presented 1 September 1999)
A leading UN human rights expert discusses the problems and potential of national implementation of international human rights standards, particularly in the Australian context.

Paper 11 (1999)
Aspects of Judicial Review
The Hon. Justice J R F Lehane
(the text of the Sir Richard Blackburn Lecture of the Law Society of the ACT, presented 18 May 1999)
The Federal Court Judge surveys the operations of the federal system of administrative law with special emphasis on issues relating to standing, judicial review and grounds of review under the Migration Act 1958 (Cth)

Paper No 10 (1998)
War Crimes Trials and the Future
The Rt Hon Sir Ninian Stephen
The former High Court Judge, Governor-General and Judge of the UN International Criminal Tribunal for the former Yugoslavia reflects on his experience of international war crimes trials and the prospects for the recently established permanent International Criminal Court.

Paper No 9 (1998)
Commonwealth Tribunals: the Ambit of Review
Robin Creyke and John McMillan
Two academic experts scrutinise the criteria and standards for merits review by administrative tribunals and the review of government policy by administrative tribunals in light of the 1997 Cabinet decision to overhaul the Commonwealth administrative review system.

Paper No 8 (1998)
Executive Inquiries in Australia: Some Proposals for Reform
Tom Sherman
The former senior public servant and head of the National Crime Authority discusses the nature and function of executive inquiries at the Commonwealth level in Australia and proposes reforms to the manner of establishment and conduct of such inquiries.

Paper No 7 (1997)
The Judiciary and Judicial Review
Sir David Williams
The former Vice Chancellor of Cambridge University analyses the history and modern role of judicial review in the United Kingdom.

Paper No 6 (1996)
Reforming the Administrative Review System
Professor Julian Disney
Professor Disney critically appraises the Commonwealth system of tribunals and the proposals for its reform made in the Administrative Review Council’s Report No 39 Better Decisions: Review of Commonwealth Merits Review Tribunal (1995).

Paper No 5 (1996)
The Courts and the Vulnerable
Justice Paul Finn
Justice Paul Finn is a former Professor at the Law Faculty, ANU and Director, Law Program at the ANU's Research School of Social Sciences. He is presently a judge of the Federal Court. In this paper Justice Finn considers the ways in which the judicial system can help maintain the conditions for civilised existence and for civil behaviour in our society.

Paper No 4 (1996)
The Internationalisation of Domestic Law
Sir Anthony Mason
Sir Anthony examines the increasing trend in national legal systems to reflect international and transnational rules and regulatory regimes and the consequences for the Australian democratic process and legal system.

Paper No 3 (1996)
Human Rights and Australian Judges
Sir Anthony Mason
The former Chief Justice of the High Court of Australia discusses the controversial issue of implied rights and freedoms in the Australian Constitution and alternative ways of protecting human rights. He also deals with some aspects of the Bill of Rights debate.

Paper No 2 (1994)
Improving the Quality and Accessibility of Legal Services
Professor Julian Disney
Professor Disney, then Director of the Centre and an expert on the legal profession, assesses a range of issues confronting the legal profession, from professional standards and fees to regulatory structures and dispute resolution in order to propose ways of improving the quality and accessibility of legal services.

Paper No 1 (1994)
How American Judges Interpret the Bill of Rights
Norman Dorsen
Professor Dorsen, of New York University Law School, analyses the way in which US judges have used the US Bill of Rights by examining six pairs of judgments on issues as diverse as segregation, women’s rights and free expression.