Freedom of choice of occupation and academic freedom in Hong Kong

This chapter discusses two unrelated topics which are successively provided for in the Basic Law of the Hong Kong Administrative Region (HKSAR). These are the right of Hong Kong residents to a freedom of choice of occupations (art..33) and the right to academic freedom of Hong Kong's academic institutions and by implication of their academics (art.34). The first section of this chapter will focus on art.33, while the second section will focus on art.34.

Appropriate choice of aggregation operators in fuzzy decision support systems

Fuzzy logic provides a mathematical formalism for a unified treatment of vagueness and imprecision that are ever present in decision support and expert systems in many areas. The choice of aggregation operators is crucial to the behavior of the system that is intended to mimic human decision making. This paper discusses how aggregation operators can be selected and adjusted to fit empirical data—a series of test cases. Both parametric and nonparametric regression are considered and compared. A practical application of the proposed methods to electronic implementation of clinical guidelines is presented

A utilitarian argument: laying the foundation for a coherent system of law

Even the most ardent legal positivists agree that as a matter offact there is a connection between law and morality. In most Western legal systems this association is very strong. Underpinning most legal rules is a (real or  purported) moral principle - certainly it is difficult to find examples of laws which are clearly immoral. The foundation upon which a coherent and justifiable legal system must be built is a theory of morality.

Iran, war, displacement and my choice of Joan of Arc

This paper discusses the personal perceptions that have shaped my poetics in writing La Pucelle: an Epic of Joan of Arc as part of a PhD candidature in the School of Communication and Creative Arts, Deakin University.

The minimum moral content of law : a critique of Hart's descriptive theory of positive and natural law

Review of H.L.A. Hart's account of the minimum moral content of law - assesses its consistency with the methodology provided in his description of the focal meaning or central case of law - particular focus is Hart's consideration of the ultimate end of man - how difficulties faced by Hart's account of the minimum moral content of law can be overcome.

A social marketing approach to choice of study destination : an exploratory study on international postgraduate students from Asia

Using structural modelling, this paper investigates the relationship between non academic factors of choice of study destination and satisfaction among Asian postgraduate students studying in Australia from a social marketing perspective. The results indicate that four factors, recognition of the institution, Information, infrastructure and cultural support, are major factors of choice which influence overall satisfaction among the cohort of students. The study concludes that universities need to place a strong emphasis on non educational aspects in order to improve satisfaction levels of students.

The rule of law as an Australian constitutionalist promise

The author poses the question whether the rule of law is a constitutionalist promise that protects all Australians or whether it is simply a juridical principle that may be balanced against certain social factors.  Constitutionalist promises involve the limiting and supporting of state power. The author examines several instances of state power exercised in Australia and concludes that we should not rely on the rule of law as an absolute means of achieving equality, human rights, justice, freedom and even democracy.

The influence of delivery mode on consumer choice of university

This paper reports on an empirical investigation into the importance of study mode in the choice of university by Australian student-consumers, using conjoint methods. Traditional approaches to investigating student choice have overlooked study mode because they assume a norm of face-to-face attendance on-campus. Three segments were identified based on the relative importance which students placed on the university, study mode and tuition fees in making their choice, and the segments were distinguishable on some demographic and situational variables. The findings have relevance to universities across national and reputational markets in making their decisions about how to deliver educational products.

Making sense of law and disorder

This article tells the story of a cross-cultural encounter on a beach at King George's Sound in the south west of Australia in 1826, when Major Edmund Lockyer arrived to establish a British military garrison. The account we have of those early encounters come from the pen of Lockyer, and by taking a close reading of his journal this article attempts to reveal the meanings and context of Aboriginal actions. It also analyses how the Aborigines and the British made sense and subsequently responded to the encounter. Whilst this story is not given iconic status in Australian historiography, it is valuable in opening up a porthole into this contact zone at the moment when precarious relationships were being formed.

Facts, threats and reds : common law constitutionalism and the rule of law

In a concurring judgment in Thomas v Mowbray, a High Court of Australia case turning on the Constitutional validity of terrorism-related control orders, Callinan J offers a re-evaluation of the Court’s earlier decision in the Australian Communist Party case to curtail executive power. According to Callinan J, factual matters knowable (but not known) at the time of the earlier decision might have given rise to a different outcome. In a dissenting judgment by Kirby J in the same case the Court’s reasoning in the Australian Communist Party case is robustly defended. These contested issues connect with the theoretical dispute between ‘common law constitutionalism’ and ‘constitutional positivism’ analysed by Dyzenhaus in the context of states of emergency where the limits of executive action and the role of supporting facts become particularly salient. They press the question of the status of the rule of law in the international as well as in the municipal sphere.