Research writing chronotopes and constitutions of possibility.

 This research experiment works toward a research writing form which recognises and facilitates the role of research in the creation of new possibility in the world. It experiments with and examines the forms of time and space constituted in research texts, by reading these through similar patterns in fiction texts.

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.

National Australasian Convention, Sydney 1891

Photograph of the delegates of the 1891 Australasian Convention held in Sydney.

Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.

The 1859 election on the Ovens

The Victorian general election of 1859 occurred during a time of social transition and electoral reformation, which extended the vote to previously unrepresented adult males. Gold discoveries, including those on the Ovens, triggered the miners’ insistent demands for access to land and participation in the political process. The thesis identifies issues, which emerged during the election campaign on the Ovens goldfields, surrounding Beechworth. The struggle centred on the two Legislative Assembly seats for the Ovens and the one Legislative Council seat for the Murray District. Though the declared election issue was land reform, it concealed a range of underlying tensions, which divided the electorate along lines of nationality and religion. Complicating these tensions within the European community was the Chinese presence throughout the Ovens. The thesis suggests the historical memory of the French Revolution, the European Revolutions of 1848 and the Catholic versus Protestant revivals divided the Ovens goldfield community. The competing groups formed alliances; a Beechworth-centred grouping of traders, merchants and the Constitution’s editor, ensured the existing conservative agenda triumphed over those perceived radicals who sought reform. In the process the land hungry miners did not gain any political representation in the Legislative Assembly, while a prominent Catholic squatter who advocated limited land reform was defeated for the Legislative Council seat. Two daily Beechworth papers, Ovens and Murray Advertiser and its fierce competitor, the Constitution and Ovens Mining Intelligencer are the major primary sources for the thesis.

Seriality and persona

 Persona is a public presentation of identity. One of the key values of a persona is its consistency in its presentation of the self. This article is designed to be the first exploratory steps and overview in charting the idea of seriality in relation to persona and its utility as a concept to describe the constancy and transformation of identity that is now elemental to understanding contemporary persona or the public presentation of the self and its online manifestations. Seriality in terms of persona is first investigated from its entertainment culture origins – with its use in the constitution of characters in fiction in novels, films, games and most prevalently in television. Several examples of serial persona will be analysed with an emphasis on how television has constructed often the most powerful personas: Kevin Spacey’s persona as Frank Underwood in House of Cards is discussed in greater detail in terms of the economic, cultural and affective value of serial persona and its associated formations of risk. It then explores the blending of the fictional and the real in seriality through how popular music performers – in particular Eminem - construct an authentic register of persona to allow for the exploration of the self through emotion and connection. The article concludes with thinking how seriality is connected to the constitutions of online identity and links the concept with aspects of virality and meme culture and their constructions of value, patterns and constancy as it relate to the presentation of the public self.

East Rennell World Heritage Site : misunderstandings, inconsistencies and opportunities in the implementation of the World Heritage Convention in the Pacific Islands

Continuing traditional land tenure and resource use pattern the landscapes and seascapes of the Pacific Islands, and the rights of customary land owners are enshrined in the constitutions of many Pacific Island states. The implications of this for heritage conservation programs implemented by national governments under international Conventions and Agreements are explored through a case study of East Rennell World Heritage site, the first site to be inscribed based on natural criteria under customary ownership and management. Dissatisfaction with World Heritage listing expressed by the community of East Rennell is argued to reflect inconsistencies in the requirements for inscription of the property and a tension between the conservation and ‘beauty pageant’ functions of the World Heritage List.

Neoconservatism as discourse: virtue, power and US foreign policy

Neoconservatism in US foreign policy is a hotly contested subject, yet most scholars broadly agree on what it is and where it comes from. From a consensus that it first emerged around the 1960s, these scholars view neoconservatism through what we call the ‘3Ps’ approach, defining it as a particular group of people (‘neocons’), an array of foreign policy preferences and/or an ideological commitment to a set of principles. While descriptively intuitive, this approach reifies neoconservatism in terms of its specific and often static ‘symptoms’ rather than its dynamic constitutions. These reifications may reveal what is emblematic of neoconservatism in its particular historical and political context, but they fail to offer deeper insights into what is constitutive of neoconservatism. Addressing this neglected question, this article dislodges neoconservatism from itsperceived home in the ‘3Ps’ and ontologically redefines it as a discourse. Adopting aFoucauldian approach of archaeological and genealogical discourse analysis, we trace itsdiscursive formations primarily to two powerful and historically enduring discourses ofthe American self — virtue and power — and illustrate how these discourses produce aparticular type of discursive fusion that is ‘neoconservatism’. We argue that to betterappreciate its continued effect on contemporary and future US foreign policy, we needto pay close attention to those seemingly innocuous yet deeply embedded discoursesabout the US and its place in the world, as well as to the people, policies and principlesconventionally associated with neoconservatism.

Two functions of Aristotle's common advantage

This paper identifies two distinct functions of the common advantage in Aristotle’s political thought and argues that distinguishing these functions allows for a reconciliation of the individualist and holist aspects of the Aristotelian account of the polis. I demonstrate that the Aristotelian common advantage functions both as (i) a motivating reason for individuals to enter the polis and (ii) a normative reason — the political good of justice — that provides a criterion for an assessment of the correctness of constitutions (politeiai). The two functions of the common advantage are, I suggest, reconcilable insofar as the Aristotelian polis is best understood as a unity of order rather than a mere aggregation of individual citizens or an organic whole.