Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.
Migration law has been a very controversial area over the past twenty years. The global movement of people and the plight of refugees have led to a series of controls on people entering into, and remaining in, Australia. The legislation containing the rules have been changed many times and the courts have considered hundreds of cases. In Migration and Refugee Law in Australia: Cases and Commentary, the main principles of law are extracted and explained so that the law can be understood. The book analyses the policy and moral considerations underpinning migration law, and suggests an overarching framework for developing migration law and critiquing existing policies and practices. Migration and refugee law is also analysed through the lens of Australian and international human rights law and conventions. Immigration is expected to be one of the most important issues facing Australia this century. Informed debate will produce outcomes.
This book begins by examining the nature and scope of the right to privacy and its moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right? Privacy Law in Australia discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focuses specifically on the most important areas of privacy protection--medical records, communications, criminal investigations and DNA, employment, territory, and do on. Finally, it examines how the law may develop in the future.
Principles of Contemporary Corporate Governance, Second Edition, provides a concise presentation of vital topics and emerging themes in corporate governance within the private sector, while maintaining the key elements of the successful first edition. This definitive book not only exposes the fundamental principles of corporate governance, it builds upon them by illustrating how they are applied. It includes several prominent case studies, and directors' duties and liability are illustrated by drawing on the most recent Australian court cases. Although grounded in Australian corporate governance, the book will appeal to practitioners and students of law and business management internationally. Principles of corporate governance are explicated for readers in all jurisdictions, with specific reference to the Global Financial Crisis (GFC) and the implications for corporate governance developments in the future.
Sentencing is the most important area of law, yet ironically, it is also arguably the least coherent. This book suggests a way of introducing principle into sentencing by bridging the gap between the philosophical justification for punishment and sentencing law and practice.
Ross on Crime Eighth Edition is a unique, renowned and indispensable point of reference for all criminal law practitioners. It covers more than 350 terms and principles relating to criminal law practice in an easy to use A-Z format. As well as a succinct statement of the law on a particular subject, there is a summary of the leading case law in the area. It is the only Australian work that considers all aspects of criminal justice - substantive criminal law, criminal procedure, evidence and sentencing - and which does so across all Australian jurisdictions. The late David Ross QC's highly original work is again updated by Mirko Bagaric, maintaining the book's encyclopaedic format and impressive scope. The Eighth Edition incorporates the many case law decisions and legislative changes that have occurred since the last edition. These include More than 30 new High Court changes; Significant developments in sentencing jurisprudence Australia-wide; Major changes to the interpretation and application of the Uniform Evidence Law; and More than 100 important legislative amendments throughout Australian jurisdictions. Legal practitioners across Australia valued and enjoyed the wisdom and wit of the late David Ross QC over many years and seven editions of this unique work. Mirko Bagaric ensures Ross on Crime continues to impress and inform criminal lawyers, judges and many others. It is essential reading for anyone interested in the criminal law
Australian Human Rights Law was previously published by CCH Australia. Australian Human Rights Law is a fascinating analysis of the origin of human rights, the law and its practice. Containing a wealth of thought-provoking ideas, the authors explore how existing human rights may be developed for a fairer and more effective implementation.Providing plain English explanations and case examples, this book examines and critically evaluates the manner in which Australian law protects human rights. The operation of the rights Charters in Victoria and the ACT are discussed in-depth, as well as a number of what are commonly regarded as discrete areas of law, including the criminal law, torts, constitutional law, family law and property law. Complex and often controversial issues such as abortion, euthanasia and the balance between civil liberties and community safety are also discussed.Expertly written by respected lawyers and human rights commentators, Professor Mirko Bagaric, Peter Faris QC and Theo Alexander, this book is essential reading for academics and students alike.
Principles of Contemporary Corporate Governance is an indispensable resource for academic researchers, practitioners and students studying corporate governance.
Explains, analyses and evaluates the principles of torts law. It also explores a rational for torts law reform. Authors from Deakin University, Australia.
This book begins by examining the nature and scope of the right to privacy and its moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right? Privacy Law in Australia discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focuses specifically on the most important areas of privacy protection--medical records, communications, criminal investigations and DNA, employment, territory, and do on. Finally, it examines how the law may develop in the future.
RULES OF EVIDENCE IN AUSTRALIA is a valuable resource and essential reading for criminal law and criminology students at graduate and undergradutate levels, judical officers, practitioners, and members of law enforement bodies. TEXTBOOK AND CASEBOOK RULES OF EVIDENCE IN AUSTRALIA is the only evidence textbook and casebook that comprehensively considers the law of evidence in all Australian states and territories. It is also eminently succinct; the court judgments presented in the book having been carefully edited by the authors to contain only the essential passages. Readers will quickly identify and master the main principles of the law of evidence. As a casebook, it introduces readers to the type of scholarly appellate court judgments that will enable them to acquire the writing and oratory skills they need to become competent practitioners. As a textbook, it includes commentary and questions that highlight the crucial issues in the cases, analyse the legal reasoning used by the judges, and test readers' comprehension of the major concepts. Second Edition The first edition of this book was published in November 2005. Due to its success and the many new developments in the area of evidence law, this updated second edition has been published. New in this edition are recent developments including: the 2005 legislation in Western Australia on Propensity Evidence; and the High Court decision on the Rule in Browne v Dunn.
A clear and concise study of the principles underlying criminal procedure in Victoria and the Commonwealth jurisdictions. This work is a clear and concise study of the principles underlying criminal procedure in Victoria and the Commonwealth jurisdictions. The book provides succinct extracts of the leading cases and critiques the law. This content informs readers of the current law and how it can be reformed to deal more appropriately with the complexities and challenges of this area. The text includes a discussion of the recent reforms in Victoria. This book is written for all readers with an interest in criminal procedure, including judicial officers, lawyers and students. Important Features: Succinct extracts of legislation and leading cases, Provides a discussion of criminal procedure in Victoria
This text highlights aspects of criminal processes and investigative procedures that are now extant in the Victorian and Commonwealth jurisdictions in particular: the hierarchy of courts in Victoria, commencement of criminal proceedings, bail, search and seizure, forensic procedures, police questioning and more.
Migration law has been a very controversial area over the past twenty years. The global movement of people and the plight of refugees have led to a series of controls on people entering into, and remaining in, Australia. The legislation containing the rules have been changed many times and the courts have considered hundreds of cases. In Migration and Refugee Law in Australia: Cases and Commentary, the main principles of law are extracted and explained so that the law can be understood. The book analyses the policy and moral considerations underpinning migration law, and suggests an overarching framework for developing migration law and critiquing existing policies and practices. Migration and refugee law is also analysed through the lens of Australian and international human rights law and conventions. Immigration is expected to be one of the most important issues facing Australia this century. Informed debate will produce outcomes.
Australian Criminal Law in the Common Law Jurisdictions Revised Edition is a clear and comprehensive introduction to the fundamentals of criminal law. Updated throughout to reflect recent cases and legislation, the fourth edition combines clear case extracts with incisive author commentary anddiscussion. Focusing on the common law states, this text provides clear definitions and criteria for each crime in these jurisdictions and includes critical thinking questions throughout to help readers consolidate their understanding and application of criminal law principles.
Extracts and evaluates the core principles of corporate governance. Gives context to the principles through discussions and explanations from selected case studies and real life examples of corporate governance.
An indispensable resource for anyone who needs a sound understanding of the criminal law of Victoria. Butterworths 'Annotated Criminal Legislation Victoria' is an indispensable resource for students, practitioners and others who need a sound understanding of the criminal law of Victoria. This book has an established reputation as an essential reference source.The Acts are annotated by Gerard Nash QC and Professor Mirko Bagaric of the School of Law, Deakin University. This book has been extracted from the four volume looseleaf service 'Bourke's Criminal Law Victoria'. Important Features: Extensive new annotations discussing recent case law relating to various provisions of the Crimes Act 1958. A quick reference directory and grey shaded tabs provide ease of navigation.
Advances in human rights law have bypassed much of the developing world. A majority of the citizens in these nations subsist on less than $US 2 per day, and 30,000 people die daily from hunger and readily preventable causes. The dysfunction of international human rights law permeates all levels of international law. This book analyses the parlous state of international law and the failure of human rights doctrine. It suggests that fundamental reform is necessary to enhance global human flourishing. The United Nations should be abolished. In its place is proposed is a genuine world democracy, consisting of an international legislature (the G193 - the number of countries on earth) where voting rights are commensurate with the number of people in each country. Genuine enhancement of global flourishing can best be achieved by the elimination of discrimination, especially in the form of racism. The world should move to an open border policy, where people can settle in any country of their choosing, subject to the nation having the resources to absorb new arrivals. Rather than debating about sending aid to the starving, the starving should be permitted to travel to opulent shores. This would result in a loose equilibrium between resources, such as food and water, and human need. Only once these fundamental reforms occur will human rights ideology and international law realise their potential. This book is about defining that path.
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