William Wardell's St John's College within the University of Sydney, 1858-59

Ursula wrote the essay for the catalogue of the Wardell Exhibition.

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.

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.

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.

Professional autonomy of Victorian surgeons in the context of law and ethics

An analysis of legislation and court decisions demonstrates that the privilege of autonomous decision making by surgeons in Victoria has become progressively constrained. Factors that have led to this include workforce issues and the protection of the public combined with increasing involvement of the courts in questions involving medical ethics.

Finnis on the authority of law and the common good

This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1 Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2 It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic goods, the common good, and the authority of law. Section II demonstrates how Finnis's emphasis upon the instrumental nature of the common good leaves his position vulnerable to Joseph Raz's objections3 that not all cases of law make a moral difference and that governmental authority is often unnecessary to resolve coordination problems. I argue that Raz's critique nonetheless fails adequately to address an alternative defense of the existence of a generic and presumptive obligation to obey the law, suggested by some passages in Finnis's work, according to which the common good is integral, rather than merely instrumental, to the good of individuals. In the final section I consider whether Finnis could strengthen his case for a generic and presumptive obligation to obey the law by adopting a more consistently robust—and hence also more contentious—account of the common good.

Evaluation of University of Queensland Library Spaces: three case studies at St Lucia Campus

Introduction: The paper reports on an evaluation study of spaces in the Social Sciences and Humanities (SSHL), Biological Sciences (BSL) and Walter Harrison Law (WHLL) Libraries of the University of Queensland (UQ). The study was part of an evaluation of the quality and patterns of use of spaces in UQ libraries, which aimed to propose recommendations for future improvements and decision-making. This paper presents a study of areas of weakness in existing SSHL spaces, and impacts of the refurbishment of spaces at BSL and WHLL on students’ experiences. The findings evidence a link between students’ learning experiences and the quality of library spaces.Methods: An online survey, “Students’ Experiences and Perceptions of Library Physical Spaces”, was designed to collect data from students. The survey questions addressed seven topics: (1) overall satisfaction with spaces in the UQ Libraries; (2) welcoming nature of the library entry; (3) lighting; (4) acoustics; (5) furniture; (6) wayfinding; and (7) preferences for different space types in the library.Results: 1505 students completed the surveys, with 1098 responses recorded to open-ended questions on why students visited the libraries and the physical characteristics of the spaces that influenced their experiences. Quantitative and qualitative analysis of the data elucidated key design challenges and considerations. In particular, the data suggested that the provision of individual quiet study spaces remains an important role of academic libraries, with Studying Alone identified as the most important reason for student visits.Conclusions: The findings highlight the importance of individual study spaces and propose a number of recommendations in relation to physical space design and management.Relevance: Academic libraries face the challenge to keep pace with change in relation to students’ demographics, pedagogy and technology. In doing so, it is important to have an understanding of the evolving patterns of students’ learning behaviours, space uses and preferences through ongoing evaluation of library spaces.

The emergency powers in Bangladesh: means for subversion of the rule of law?

The Constitution of Bangladesh empowers the President to proclaim an emergency on the actual or imminent ground of war or external aggression or internal disturbance. However, the insertion of ‘internal disturbance’ in the Constitution as a ground for invoking emergency has provided the executive with the opportunity to proclaim all the five emergencies in Bangladesh on this vague ground for purposes other than that of securing the life of the nation. Furthermore, in the absence of any effective constitutional mechanisms for scrutinising the exercise of emergency powers and a time limit on the continuation of a state of emergency, some of the proclamations of emergency continued even after the alleged threat posed to the life of the nation was over to perpetuate the survival of the party in power by repressing any political threat to the regime. This Article, therefore, recommends for insertion in the Constitution of Bangladesh detailed norms providing for legal limits on the wide power of the executive concerning the proclamation, administration and termination of emergency with a view to ensure that emergencies can no longer be resorted to as the effective means of discarding the rule of law.