Barrister gender and litigant success in the High Court of Australia

We examine the relationship between gender of the barrister and appeal outcomes on the High Court of Australia. We find that an appellant represented in oral argument by a female barrister, opposed to a respondent represented in oral argument by a male barrister, is less likely to receive a High Court justice's vote. However, we also find that the appellant disadvantage of having a female barrister present oral argument is (partially) offset in the case of liberal justices and on panels having a higher proportion of female justices. The extent to which the disadvantage is offset, and potentially turns from being a disadvantage to an advantage, depends on the degree to which the justice is liberal and the proportion of female justices on the panel.

本文探讨律师性别与诉讼结果之间的关系。我们发现这个过程并不对称。如果是由女律师上诉,而辩方是一个或一个以上男性律师,那么性别就是一个因素。不过并不存在相反的情况。我们具体发现,如果诉方是一个女律师,辩方为一男律师,诉方就不大可能获得最高法官的赞同。不过,我们还发现,如果法官具有自由主义精神,如果法官团的女性比例较高,那么女律师的不利情形就有可能被（部分地）抵消。被抵消的程度取决于法官自由精神的强弱,和法官团女性比例的大小。     

High Court Review 2001: Politics,Legalism and the Gleeson Court

This article provides a general political review of recent High Court decisions that have significant implications for Australian constitutionalism. In examining the Court's judgments on issues such as cross-vesting schemes, immigration and Native Title, it seeks to articulate major themes in the Court's jurisprudence and delineate the important and changing role of the High Court in Australian politics. The article is the first in what this journal intends to be an annual review of the High Court from a political-science perspective.     

Many Voices,One Court: The Origin and Role of Dissent in the Supreme Court

E pluribus unum—out of many, one—is the phrase emblazoned on the Seal of the United States, which refers to the notion that a single American voice emerges from the many diverse groups that constitute the nation. The legislative and executive branches of government often act as one voice through legislative bills and executive acts, aggregating diverse interests that reflect the national will. The notion of e pluribus unum, however, is not often applied to the judiciary, a branch of government the members of which are viewed, not as outlets for the will of the people, but as gatekeepers of the rule of law. But while the Supreme Court may not speak directly for the people, its opinions speak to the people, and the methods used by the Justices to express those opinions have revealed changes in the conception of the Court's voice throughout history.     

Challenges for global environmental diplomacy in Australia and the European Union

One of the predominant issues on the agenda of diplomats and politicians is how to address the consequences of shifts in perception about threats to the environment and the actual short and long‐term characteristics and effects of environmental degradation. Another challenge is that such issues as climate change impact on many areas including trade, economic and fiscal policies, employment, transport, agriculture and regional development. Furthermore, decisions taken at a national level cannot be isolated from international concerns, as in the case of the Kyoto Protocol.

This article maps out some of the differences between Australia and the European Union in relation to the role of developing countries in tackling climate change, the use of market mechanisms to tackle environmental problems and the implementation of punitive compliance systems. We explore the challenges facing Australia and the EU in sustainable development, why the EU has a reputation as a leader in this field, how Australia has engaged the challenge and why the similarities in the approach of Australia and the EU are more striking than the differences.     

Shades of green: Public opinion on environmental issues in Australia

Data from the 1990 and 1993 Australian Electoral Studies are used to investigate whether public concern about the environment has declined in Australia over recent years. Questions of the ranking and structure of environmental concerns and of levels of support for environmental organisations are addressed. The data show that public concern about the environment remains high on an ‘agenda of long‐term issues’, that environmental concerns form two distinct clusters (termed ‘brown’ and ‘green') and that active support for environmental organisations correlates only with the green cluster. It is argued that these findings give no more than partial support to the ‘organisational’, ‘postmaterialist’ and ‘risk society’ perspectives on environmental issues.     

High Court Review 2004: Limits on the Judicial Protection of Rights

The High Court's role of judicial review has often been examined for its impact on rights protection, an area of particular interest in Australia due to the historical lack of an explicit bill of rights in either statutory or constitutional form. In 2004 rights issues were presented in particularly stark relief in several key cases, demonstrating the difficulties of the role of judicial review in the Australian constitutional framework. The cases analysed here produce compelling evidence of the limitations of relying on judicial review for rights protection within the Australian system of government. They demonstrate that in the absence of a clearer framework for the protection of rights the judiciary can uphold unambiguous decisions of the legislature enshrined in statute, even where and when those provisions are considered to override the rule of law, international standards and human rights principles.     

Decomposing the crude divorce rate in five countries: Singapore,Taiwan, South Korea,the UK,and Australia

Over the past few decades, the level of divorce, measured by the crude divorce rate (CDR), has increased dramatically in both the East and the West, but has recently appeared to fall or level off in some countries. To investigate whether the recent decline or stabilisation of the CDRs reflects the real trends in divorce risk, a decomposition analysis was conducted on the changes in the CDRs over the past 20 years on two western and three East Asian countries, namely, the UK, Australia, Taiwan, South Korea, and Singapore. The following is observed: the decline in the CDRs of the UK and Australia in the 1990s, and of Taiwan and Korea in the 2000s, was mainly due to shrinkage in the proportion of the married population rather than any reduction in divorce risk; only Australia experienced a genuine reduction in divorce risk between 2001 and 2011; and the continuous increase of Singapore’s divorce level between 1990 and 2010 may be is an unintentional effect of the government’s marriage promotion policies. The shift in the population age structure, and more importantly, the drastic decline in marriage, has seriously distorted the CDRs, making them unreliable indicators for monitoring divorce trends.     

On children's independent mobility: the interplay of demographic,environmental, and psychosocial factors

In the past 50 years, a marked reduction has occurred in European and North American children's freedom of movement and outdoor play. Using a structural equation model, the present study investigates the interaction between personal, environmental, and psychosocial factors that affect children's independent mobility. The study involved 313 mothers of 8–10-year-old Italian children. The results supported the hypothesized model: the age of the child, the maternal perception of social danger, and positive potentiality of outdoor autonomy were the most influential variables on children's independent mobility, measured as an index. Further, the maternal perceptions mediated the influence of the other demographic, psychosocial, and environmental variables on independent mobility.     

Institutions,informality, and influence: explaining nuclear cooperation in the Australia-US alliance

ABSTRACT

Nuclear cooperation has been a consistent feature of the Australia-US alliance. In the 1950s and 1960s, Canberra explored transferring US nuclear weapons to Australian forces operating in Southeast Asia. Since the 1960s, Australian governments have supported hosting joint facilities that contribute to America’s ability to execute global nuclear operations. And Australia has regularly invoked the nuclear umbrella as part of the alliance. We explain the key sources of nuclear cooperation in the alliance by leveraging realist and institutionalist theories of alliance cooperation. While realism explains limits to US nuclear commitments in the 1950s, institutional explanations are more relevant in pinpointing the sources of nuclear cooperation and in explaining why Australia has often achieved its policy preferences as the junior partner.