High court review 2005: The manifestation of separation of powers in Australia
In 2005 questions were raised in public debate regarding the scope, meaning and manifestation of the constitutional separation of powers and the role of the High Court in interpreting these. In particular, the issue of the efficacy of checks and balances within the system of government against potential abuses of executive powers was raised, due to the dominance of the legislature by the executive for the first time in 24 years. This Review argues that while the High Court staunchly defended its independence and the role of the judiciary in a division of powers, it demonstrated a simultaneous reluctance to curb executive powers. This has implications for the manifestation of separation of powers in the Australian context, both in terms of its philosophical foundations and in so far as it signals a trend away from the likely realisation of public expectations of its role as expressed in appeals made to it.
THE CONSTITUTION AND A NATIONAL INDUSTRIAL RELATIONS REGIME
[ The federal Government is proposing to bring about a single national scheme for the regulation of industrial relations in Australia. This will raise a number of important constitutional questions that may need to be resolved by the High Court. These questions as examined in this article are: could a single national law for the regulation of industrial relations be passed under a head of Commonwealth power (in particular, under the Commonwealth's powers over corporations, interstate trade and commerce or external affairs); even such a law could so be enacted, would it nevertheless be struck down due to an express or implied constitutional limitation; and to what extent could the law override the State laws that already govern much of the field? ]
Adult sexual assault: The role of racial/ethnic composition in prosecution and sentencing
Abstract Utilizing a sample of 365 cases, this study analyses the impact of the racial/ethnic composition of the victim/offender dyad on prosecution and sentencing of adult sexual assault offenders. Major decision points examined include the prosecutors’decision to reject/dismiss or fully prosecute, whether the case went to trial or was resolved by plea negotiation, whether convicted offenders were sentenced to jail or prison, and the length of term imposed. Unlike all other studies that have addressed this issue, no significant effect of racial/ethnic composition was found at any decision point in case processing. Hypotheses to explain this difference in findings are discussed.