Legislative morass and the rule of law: a warning, and some possible solutions
Australian Public Law Blog Article by William Isdale and Christopher Ash
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Read moreLawmaking during the Covid-19 Pandemic
Data as at 12 December 2022. This page is no longer updated. Table of Contents Making law in response to Covid-19 Legislative responses to the pandemic Lawmakers got busier The UK legislative response compared to Australia’s Subject matter legislation during the pandemic The subject matter of Covid-19 legislation Changes in lawmaking for selected subject matter …
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Read moreThe Design of Everyday Law
In this article the ALRC considers how principles of ‘human-centred design’ could be used to improve the ‘user experience’ of Australia’s legislation — and increase the likelihood that it is understood and complied with.
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Read moreRe-designing our House of Law: Legislative hierarchy and design in financial services law
The ALRC launches Interim Report B as part of its Review of the Legislative Framework for Corporations and Financial Services Regulation. The report focuses on the role of legislative design and hierarchy in ensuring that the law is coherent and navigable, while remaining flexible enough to meet future needs.
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Read moreWithout Fear or Favour: the ALRC’s new report on judicial impartiality and the law on bias
In its just-released report, Without Fear of Favour: Judicial Impartiality and the Law on Bias, the Australian Law Reform Commission has outlined 14 recommendations which, if adopted, will buttress impartial decision-making and help maintain the legitimacy of the federal judiciary in a changing world. This article outlines the context for the Inquiry, consultation views and empirical data considered by the ALRC, and summarises a number of the report’s key recommendations.
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Read moreShifting sands in the regulation of financial risk: the ALRC’s new Background Paper on Risk and Reform in Australian Financial Services Law
In a new Background Paper — Risk and Reform in Australian Financial Services Law (FSL5) — the Australian Law Reform Commission explores how an evolution in thinking about risk has been an important driver of financial services law reform. In particular, the Paper reveals how the ‘shifting sands’ of regulatory approaches have resulted in legislation that is unwieldy and extraordinarily complex.
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Read moreWebinar: The Devilish Detail of Financial Services Laws
Tuesday 20 July 2021 at 12.00 – 1.00PM AEST The Australian Law Reform Commission, in partnership with Melbourne Law School, is excited to launch the Company and Securities Law Journal Special Issue: Financial Services Laws – Understanding the Devil in the Detail. Registrations now closed This webinar will explore financial services laws in Australia through …
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Read moreCognitive Biases, Social Biases, and the Law
How does the law on bias square with what we now know about human decision-making? How does the law on bias fit with what we know about how judges make decisions and the conscious and unconscious influences on those decisions? Background Paper JI6 explores the expanded knowledge we now have about how human decision-making works. …
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Read moreDeveloping the law reform mindset: reflections on the move from private practice to the ALRC
What is the ‘law reform mindset’? It seems to consist of five key features, which are discussed in this short piece.
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Read moreALRC Submission: NT Law Reform Inquiry into the mandatory sentencing and community-based sentencing options
The Australian Law Reform Commission submission to the Northern Territory Law Reform Committee inquiry into the mandatory sentencing and community-based sentencing options.
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