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The long eye of the law: closed circuit television, crime prevention and civil liberties


The NSW Law Reform Commission is considering a proposal that all closed circuit television (CCTV) surveillance camera footage older than 21 days should be destroyed. They are worried that stockpiling information on people's daily lives and lawful routines violates civil liberties. In this paper Conde argues that this is an over-reaction. Current regulations are adequate...
Report

A question of fault: a short history of Australian divorce law since 1959


Morag Donaldson examines the main legislative provisions of the system of fault-based divorce which existed under the Matrimonial Causes Act 1959 and the main legislative provisions of the current system of no-fault divorce under the Family Law Act 1975.
Report

Discrimination in electoral law: using technology to extend the secret ballot to disabled and illiterate voters

Discrimination based on disability has, for some time, been illegal and intolerable. Why then, asks Bryan Mercurio, do we allow such discrimination to continue at the ballot box, where disabled and illiterate Australians must abandon their right to vote in secrecy, an absolute right held in the highest regard in a democratic system, even though...
Transcript

The High Court and the Parliament: Partners in law-making, or hostile combatants?


Although it was once believed that courts simply declare authoritatively what the law is - leaving any change in the law to our elected representatives - that myth was exploded long ago. The courts make law, and the High Court makes more than most. How, then, does this sit with the law-making responsibility of the...
Chapter

Regulation in the age of governance: the rise of the post-regulatory state


This chapter from a forthcoming book focuses on one aspect of the critique concerning the centrality of state law to regulation. Colin Scott argues for shifting the focus of analysis from state law to the wider range of norms and mechanisms through control is asserted or achieved, however indirectly. The question at the heart of...