Judicial (in)activism in Australia's secular commonwealth

his article addresses two aspects of Australia's soft secular government. The first aspect explains how, and asks why, judges have been inactive in helping to draw the contours of secular government in Australia. The principal reason is that much of the social regulation that provokes the interest of faith-based groups is the constitutional concern of the States, and no State Constitution claims to coordinate relations between church and state. Moreover, the electorate has twice refused to pass referenda, in 1944 and 1988, for extending a constitutional demand of secular governance to the States. However, this is not so for the Commonwealth. It falls under the restrictions of section 116 of the federal Constitution, which states: The Commonwealth shall not make any law for establishing any religion ('the establishment clause') or for imposing any religious observance, or for prohibiting the free exercise of any religion ('the free exercise clause'), and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. As will be explained, while methods of legal interpretation suggest that section 116's establishment clause could place mild demands of non-discrimination on the federal Parliament, judicial inactivity in policing such demands on the Commonwealth, paradoxically, has arguably been secured by judicial activism in the High Court. A second aspect of secular government addressed is the High Court's disposal of 'the separation of church and state' as a constitutional principle in Australia. The contrast, of course, is to the United States, where for sixty years 'separation' has been given uneven recognition as a rule of constitutional law, and has undoubtedly driven the development of hard forms of secular governance in that country. The centrepiece of American secular government is the 1971 decision in Lemon v Kurtzman, where the US Supreme Court held that valid legislation had to pass three tests, ie: First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion .. . finally, the statute must not foster 'an excessive government entanglement with religion. The third 'entanglement' prong of Lemon is the modern, less ambitious, form of the 'wall of separation', prohibiting too close an engagement between church and state. As this paper will demonstrate, 'entanglement's' destiny shows how unlikely it is that 'separation' can survive as a meaningful constitutional principle in the USA. And, it will also be argued that 'separation' has even poorer prospects for import to Australia.

Transformational leadership within virtual teams: Examining the mediating influence of trust and role clarity for performance and knowledge sharing

Virtual teams differ from tradidonal, co-located teams in that they primarily communicate via informadon technolog}' such as email, video conferencing and web based coUaboradve environments rather than in a face-to-face medium. There has been a lack of empirical research into the influence that leadership has within virtual teams upon key outcomes such as performance and knowledge sharing. This paper examines antecedents of knowledge sharing and performance, namely role clarit)' and trust in a team leader. We predicted that transformadonal leadership would posidvely influence both performance and knowledge sharing within virtual teams. We also h^'pothesised that trust in a leader and role clarit)' would mediate both the associadon between transformadonal leadership and performance as well as the associadon between transformadonal leadership and knowledge sharing within virtual teams. Data was collected from a public sector organisadon using virtual teams, Pardcipants responded to a self-report quesdonnaire. Supervisor radngs of performance and knowledge sharing were also obtained. In general we found support for a posidve reladonship between transformadonal leadership and performance and knowledge sharing within virtual teams. Using mediated muldple regression, we found support for the mediadng role of trust in the leader and role clarit}' between transformadonal leadership and performance and knowledge sharing. Implicadons of the results are provided.