Melbourne Law School - Research Publications
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ItemSeparation of Powers(Edward Elgar, 2023)The separation of powers is a normative concept at the centre of democratic constitutionalism which focuses on the correct constitutional organization of the state. This entry will describe how this concept has combined normative ideas about the importance of institutional balance and divided state functions into four well-known constitutional forms. It will then examine three current debates that focus on the concept’s central ideas of form, balance and function. A critical theme throughout is that the separation of powers remains a dynamic concept that involves arguments about the best way to use constitutional balance, function and form to achieve better types of democratic politics.
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ItemCities, Federalism, and Criminal Law Reform(Oxford University Press, 2022)Federal states are grounded on the idea that decentralization yields important advantages. Federations, however, frequently ignore these built-in advantages when reforming criminal justice systems. This is a mistake: Federalism’s diffusion of power can make criminal justice systems fairer and more effective. This Article will argue that empowering cities can help to introduce the benefits of federalism to criminal law reform. In particular, urban accountability mechanisms—many of which already exist—provide cities with mechanisms for understanding, debating, and holding accountable the use of discretion by police and prosecutors. Expanding the reach and scope of these urban accountability mechanisms will improve trust between executive law enforcement and the urban community and help to ensure a fairer and more effective criminal justice system.
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ItemExpanding Revision Clauses in Democratic Constitutions(Cambridge University Press, 2020)