Melbourne Law School - Research Publications

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Author: Waugh, John × Start date: 1999 ×

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Now showing 1 - 10 of 15
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    THE BRUMMAGEM COUP THE START OF SELF-GOVERNMENT IN VICTORIA
    Waugh, J (ROYAL HISTORICAL SOC VICTORIA, 2006-11)
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    Contempt of Parliament in Victoria
    Waugh, J (Adelaide Law Review Association, 2005)
    The wide powers of State Parliaments to punish members and outsiders vary from State to State. Authorities on contempt of Parliament have compared the different jurisdictions, but there has been no specific study of contempt of the Victorian Parliament. Its powers are different from those of the Commonwealth, New South Wales and Tasmanian parliaments, and it has a distinctive record of little-known contempt cases. This article provides an overview of the Victorian Parliament’s powers and the way they have been used.
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    New Federation History
    Waugh, J (Melbourne University Law Review Association, 2000)
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    Capital Punishment in Colonial Victoria: The Role of the Executive Council
    Waugh, J (Royal Historical Society of Victoria, 2017)
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    The Big Hill Murder and the Colonial Death Penalty
    Waugh, J (Public Record Office Victoria, 2018)
    This article is a case study of the way the decision to commute a death sentence was reached. The Big Hill murder attracted intense public interest in 1860 and generated extensive records. These document the processes by which the governor and ministers decided to exercise the prerogative of mercy and commute the death sentence of a convicted murderer; they also record the prisoner’s later attempts to clear his name. The case shows how commutation of a death sentence was influenced by official perceptions of the degree of certainty with which guilt was established, and illustrates the processes that authorities used to reach, and reassess, that conclusion.
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    Controversy and Renown: Coleman Phillipson at the Adelaide Law School
    Waugh, J (University of Adelaide, 2021-10-14)
    Coleman Phillipson, international lawyer and Professor of Law at the University of Adelaide from 1920 to 1925, became the first Australian professor of law to be forced to resign, when a controversy over private coaching of students ended his academic career. He was the first Australian professor of law of Jewish heritage, his family having settled in northern England after leaving Russian Poland as anti-Semitism flared there in the early 1880s. Before it appointed Phillipson, the University received private warnings that he was Jewish. While he conceded the truth of the key allegations that led to his resignation, he believed that he was unfairly treated. The details of the controversy, recorded in archival sources, allow it to be seen in the context of Phillipson’s life and the University’s history.
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    Book review: David Syme: Man of the Age
    WAUGH, J (Royal Historical Society of Victoria, 2015)
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    Cowen as Life-Writer: Sidelights from the Archives
    WAUGH, J (Melbourne University Law Review Association, 2015)
    Biography is an unusual choice of subject for a legal academic, but for Zelman Cowen it was a recurring interest. This article, based on a paper presented at the Zelman Cowen Conference at the University of Melbourne in March 2014, considers Cowen’s choice of biographical subjects before turning to the light that archival research casts on two episodes in the lives of people about whom he wrote: the appointment of Sir Isaac Isaacs as Governor-General of Australia, and Cowen’s own early academic career.
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    Government control of royal assent in Victoria
    WAUGH, JOHN ( 2006)
    The giving of royal assent to proposed laws was the centre of a controversy in Victoria in 2005. These events directed fresh attention to the power of the Queen's representative, the Governor, and of the Victorian Government, over Bills that have passed both Houses of Parliament but not yet become law. This article comments on the legal basis of royal assent and the question of whether the government can advise the Governor to withhold assent to a Bill that has passed both Houses.