- Melbourne Law School - Research Publications
Melbourne Law School - Research Publications
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ItemReforming Centralism and Supervision in Armenia and UkrainePartlett, W ; Bisarya, S (International Institute for Democracy and Electoral Assistance, 2016)
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ItemREDD+ and interacting legal regimesYoung, MA ; Voight, C (Edward Elgar Publishing, 2016-04-29)
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Item'It's Oh So Quiet?' Employee Voice and the Enforcement of Employment Standards in AustraliaHARDY, T ; Bogg, A ; Novitz, T (Oxford University Press, 2014-03)This edited collection is the culmination of a comparative project on 'Voices at Work'; funded by the Leverhulme Trust 2010 - 2013.
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ItemFraming the Stability ImperativeTrevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S ; Trevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S (Edward Elgar Publishing Ltd, 2014)The studies in this volume make apparent the activist disposition of China’s legal institutions in the era of Harmonious Society and Stability Maintenance. This disposition has enabled the Party-state to legitimize important changes in the practices and policies of courts, governments and security organs on the basis of a certain political narrative about the imperative of social stability. Political narrative, expressed particularly through Harmonious Society and Stability Maintenance discourse, has enabled the Party-state to reframe and reformulate justice and security practices to accommodate its place in leading the country through uncertain times of social upheaval that accompanies rapid economic growth.
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ItemManagement of Stability in Labour RelationsBiddulph, S ; Trevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S (Edward Elgar Publishing Ltd, 2014)Workers occupy a central position in the ideology of the socialist state. In theory they continue to occupy the position of ‘masters’ of the country. They enjoy a range of constitutionally protected labour rights such as the right and duty to work, the right to rest, freedom of association, procession and demonstration, the right to rest and to receive material assistance from the state and society when they are old, ill, or disabled. Women and men enjoy equal rights. Workers’ rights are defined and given specific form by legislation and to a great extent are dependent upon state action for their fulfillment. Private enforcement mechanisms exist, but in important respects are of limited scope and ineffective to pressure for broader structural changes in either economic policy or the labour market.
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ItemStability and the LawTrevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S ; Trevaskes, S ; Nesossi, E ; Sapio, F ; Biddulph, S (Edward Elgar Publishing Ltd, 2014)This book is about judicial and governmental activism around the issue of managing social instability in China today. The studies in this volume examine the relationship between law and politics and observe how the stability imperative shapes this interaction.
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ItemOpportunities and Challenges for Legislative and Institutional Reform of Detention in ChinaNesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S ; Nesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S (Routledge, 2016)Throughout this volume, we have used the word ‘reform’ to refer to the changes to legislation governing deprivation of liberty in contemporary China, as well as to the institutions responsible for enforcing such legislation. As many other words do, ‘reform’ carries two distinct connotations, which depend on the ideological and cultural context of the speaker. For most western scholars who are active in the field of China studies, the word ‘reform’ conjures up the idea of a teleological march from Marxism to liberal modernity. This connotation is absent from the word ‘gaige’, the Chinese original for ‘reform’ which lacks such a directional element. Because of this, ‘reform’ is a term all those who, in China, write or speak about detention often want to use cautiously, as it belongs to two distinct universes of meaning at the same time.
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ItemDeprivation of Liberty Under ScrutinyNesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S ; Nesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S (Routledge, 2016)Since the early 1980s, the People’s Republic of China (PRC) has embarked on a dramatic and on–going experiment with legal and institutional reform (gaige). The aim has been the creation of an efficient and modern justice system, responsive to social and economic change and proactive in protecting the Chinese Communist Party’s (CCP) hold on political power. This has meant that over approximately three decades, the topic of reform has also served as the thematic cornerstone of academic analyses in the field of Chinese law and justice.
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ItemWhat to Make of the Abolition of Re-Education Through Labour?Biddulph, S ; Nesossi, E ; Biddulph, S ; Sapio, F ; Trevaskes, S (Routledge, 2016)In 1979 two of the first laws to be passed in the People’s Republic of China’s (PRC) era of reform and opening up were the Criminal Law (Xing Fa) and the Criminal Procedure Law (Xingshi Susong Fa) 1979. Whilst a number of legislative instruments had been in place prior to 1979 that authorised arrest and criminal punishment, this was the first time in the history of the PRC that comprehensive codes of criminal law and procedure had been passed. Of course, the lack of legislation had not prevented the dispensation of criminal justice.
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ItemGlobal Poverty and the Politics of Good IntentionsPahuja, S ; Buchanan, R ; Zumbansen, P (Hart Publishing, 2014)In the West, the terrain of a great deal of public debate around poverty is largely delimited by two figurations; activism and expertise. For the activist, fighting global poverty has become the moral cause of a new generation, inspiring rock songs and wrist bands, and legions of celebrities from whom charity is the new accessory.