Sydney Law Review

Journal article

Who is diverted? Moving beyond diagnosed impairment towards a social and political analysis of diversion

Abstract Diversion from the criminal justice system pursuant to s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) is increasingly being deployed as a key response to the issues facing people diagnosed with cognitive impairment and/or mental illness in the criminal justice system...
Journal article

Redrawing the Federation: creating new states from Australia’s existing states

Abstract The Australian Constitution lays down a process for creating new states out of the existing states that form the Australian Federation. This article explores that process, in historical and political perspective. It examines the drafting of the relevant provisions of the Constitution, and legal...
Journal article

Neglectful to the point of cruelty? Elder abuse and the rights of older persons in Australia

Australia’s ageing population is growing and so too is the number of older persons who experience abuse. Divorce, ill-health, disability, the death of a partner, dependency, poverty, social isolation, gender, and even the accumulation of assets, can heighten a person’s vulnerability to abuse — physical...
Journal article

'Sovereignty' and treaty making between Indigenous peoples and Australian governments

The idea of a treaty or treaties between Indigenous peoples and Australian governments has long been a subject of debate. One argument that often arises is the idea that such agreements are not achievable because they are inconsistent with Australian 'sovereignty'. Sean Brennan, Brenda Gunn...
Journal article

Deep anxieties: Australia and the international legal order

The increasing internationalisation of many aspects of Australian life, from environmental hazards to terrorist threats to securities regulation, has given new prominence to the relationship between international law and the Australian legal system. It has also been accompanied by a rise in anxiety about the...