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.
Lost in translation: From political communication to legal communication?
The High Court concluded, in two cases, 'Australian Capital Television Pty Ltd v Commonwealth' ('ACTV') and 'Nationwide News Pty Ltd v Wills', that the provision for a system of representative and responsible government in the Australian Constitution necessarily implied a constitutional right to freedom of communication in respect of government and political matters. In APLA v Legal Services Commissioner (NSW) case it was argued that the Constitution's provision for a system of federal courts exercising the judicial power of the Commonwealth necessarily implied a freedom of communication in respect of legal rights arising under federal law and rights to representation before courts exercising federal jurisdiction.
The Diminishing Role of Social Work Administrators in Social Service Agencies
ABSTRACT The social service industry in the United States has experienced tremendous growth and change since the early 1970s. Unfortunately, the social work profession has not kept up with this growth and change. This article explores several issues that have emerged in social work administration that may contribute to the seemingly diminished role of social workers in administrative positions in social service agencies. They include the role that schools of social work play in educating social workers for administration, competition for administrative positions in social service agencies, and the differences which exist between administration in social service agencies and other types of organizations.