The Australian Constitution: A century of irrelevance

Why the Australian Constitution is irrelevant - while some aspects of the Constitution, such as the separation of powers doctrine, provide the prospect for a Constitution that is more committed to principles of relevance to the citizenry, consideration must be given to the role played by the Constitution in Australian society, and whether it is as important as it should be - effort spent interpreting many sections of the Constitution has been a waste of the High Court's time and energy - given that no important rights and duties are at stake, consistency should be the main objective for the Court in such cases - in the teaching of constitutional law, less time should be spent focusing on mechanistic case law - emphasis should be placed on the values and ideals that inform the content and development of constitutional principles.

Principles of contemporary corporate governance

Aims at providing a concise presentation of key topics and emerging themes in corporate governance. The text provide both law and business students, as well as practitioners of law and management, with an easy to follow explanation and analysis of key corporate governance principles.

International commercial law : principles and practices

International Commercial Law: Principles and practices considers the multifaceted nature of international commercial law and explains the rules, principles, policies and practices that comprise this area of law and the wide-ranging influences that shape it

The book provides an extensive analysis of the wider policy, moral, economic and political considerations underpinning international commercial law.
- It analyses and evaluates existing standards and practices, and suggests proposals for reform.
- It encourages readers to make informed judgments regarding the interpretation of relevant legal standards and to make predictions about how the law is likely to develop.

The implementation of OECD corporate governance principles in post-crisis Asia

The recent OECD Principles on Corporate Governance provide a framework for the convergence of global corporate governance practice. This paper considers the implementation of these global ‘best-practice’ standards of governance as part of the continuing post-economic-crisis reform throughout Asia. These initiatives have explicitly acknowledged that no single model of governance can exist, and instead have focused on those elements apparently common and, therefore, applicable to all countries. Notwithstanding the existence of these elements, this paper investigates the difficulties involved when attempting to implement general rules across countries at different stages of economic and legal development. While implementation will be hindered by obvious cultural disparities, long-term change in practice requires a cultural shift in the philosophical and financial bases of the firm.

Overcoming principles: dialogue in business ethics

Basing itself upon a virtue-ethics approach, this paper questions the value of syllogistic or deductive approaches to teaching business ethics and to the modelling of the kinds of judgments that executives are asked to make in situations of moral complexity. It urges that the teaching of ethical theories, of ethical principles, and of logical methods of moral thinking, and the use of hypothetical or historical scenarios, be augmented by the method of `Real Case Dialogue' which more nearly models the eal and intense existential realities of ethical decision making. A brief description of such a dialogue is offered so aslo provide an example.

Australian tort law reform: statutory principles of causation and the common law

By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.

An IT Bachelor degree using modern technologies to illustrate core concepts and principles and building generic skills

Information Technology (IT) changes very quickly and influences business, industry and the public in an enormous manner. Outsourcing of IT jobs to cheaper overseas labor and globalization of IT companies become a common practice. Graduates of IT university courses must be well prepared to address the needs and expectations of business, industry and every day life. Many factors in an Information Technology curriculum influence graduates’ professional preparation and image. The most important of them is to reflect technology change, the current state of knowledge of computing, business and industry demands and students’ expectations. The aim of our project was to develop a new Bachelor of IT curriculum that satisfies these requirements. In this report we concentrate our attention on two critical aspects of IT curriculum content, the modern technologies to be used to illustrate basic concepts and principles of computing, and the generic skills that each graduate is expected to acquire to get a job in Australia.

Commonwealth legislative power and "non punitive" detention: a constitutional roadmap

In 2004 The High Court handed down a number of decisions concerning detention imposed for purposes allegedly unrelated to punishment. This paper outlines the way the Federal Constitution restricts (and also facilitates) the imposition of "non punitive detention" by our governments. Such laws (as passed by the Federal Legislature) are constitutionally valid provided they can be characterised as falling within a legislative head of power under  section 51 off he Constitution. The power to detain for non punitive purposes can be reposed by the Legislature in the either the Executive or Judicial arms of government. Detention by the Executive is non punitive (and therefore does not offend the separation of powers) even though it involves a deprivation of liberty, provided it is imposed for “legitimate non punitive purposes”.  Legitimacy is in turn determined by reference to the section 51 heads of power. Detention for non punitive purposes by the judicial arm of government is constitutionally valid provided that (i) a “judicial process ” is adopted and (ii) (arguably) there is some link (albeit tenuous) with a previous finding of criminal guilt. The continuing existence of the “constitutional immunity ”from being detained by other than judicial order identified by the High Court in its 1992 decision in Lim v Minister for Immigration is called into question.

Establishing best-practice principles for the teaching of group design projects

As student-to-staff ratios escalate, increasing numbers of undergraduate architects are finding the reduction of ‘one-to-one’ studio supervision an impediment to learning. Group design projects are becoming a widespread solution to this problem. However, little analysis has been undertaken as to their effectiveness both in terms of student assessment and as a design teaching methodology.
The two hundred years of apprentice/master tradition that underpins the atelier studio system is still at the core of much present day architectural design education. Yet this tradition today poses uncertainties for a large number of co-ordinating lecturers faced with current changes in the nature of tertiary education and its funding structure. In particular, with reductions in staff/student contact time, in sessional funding sources and in the relative weighting of design-based subjects with respect to other subject areas, many design teachers are finding it increasingly difficult to maintain an atelier system that has shaped both their learning and, more pointedly, their teaching. If these deficiencies remain unchecked and design-based schools are unable to implement strategies that successfully overcome the resource intensive one-to-one teaching program, then architecture may prove to be an untenable course structure for many institutions.
Rather then spreading their time thinly, many co-ordinating lecturers are setting group projects in order to review less assignments but at greater depth. However, while this learning model better reflects design teams in practice, this approach may pose other pedagogical and assessment questions. What is clear is the urgent need for structured research into the teaching and assessment problems experienced by design teachers, and for a readily adoptable pedagogy for group design projects. At Deakin University, research is underway aimed at establishing best-practice principles for group design projects by analysing students’ performance and recording and implementing their feedback to adjustments made to the pedagogical fundamentals of assessment, group configuration, and program structure. There are after two years of preliminary studies already clear indications of what changes can be made to these to encourage more effective team learning. This paper will present the findings of these studies.