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Journal articles on the topic 'Law, commonwealth of nations'

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Published: 4 June 2021

Last updated: 27 July 2025

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1

Duxbury, Alison. "Rejuvenating the Commonwealth—The Human Rights Remedy." International and Comparative Law Quarterly 46, no. 2 (1997): 344–77. http://dx.doi.org/10.1017/s0020589300060462.

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Lord Casey's sad testament to an organisation which was perceived as “on the way to becoming not much more than a paper connection” is hardly encouraging to someone intent on studying the institution. It would appear that the Commonwealth of Nations as a contemporary discussion point is even less fashionable today than it was 30 years ago. It has recently been written that in our generation those few individuals with an opinion about the Commonwealth view it as an “anachronistic organization whose retirement to the pages of history is long overdue”. The situation of an Australian attempting to

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2

JC Mubangizi and DJ McQuoid-Mason. "Teaching Human Rights in Commonwealth University Law Schools: Approaches and Challenges, With Passing References to Some South African Experiences." Obiter 41, no. 1 (2020): 106–21. http://dx.doi.org/10.17159/obiter.v41i1.10551.

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There have been a number of international commitments by members of the United Nations, including Commonwealth countries, to include human-rights education in their formal and informal education programmes. In addition, the Commonwealth Legal Education Association (CLEA), under the auspices of the Commonwealth Secretariat, has produced a Model Human Rights Curriculum for Commonwealth countries. Despite these initiatives, there appears to have been no systematic programme for introducing human-rights education at Commonwealth universities. An increasing number of Commonwealth law schools, howev

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3

Aghem Hanson Ekori. "The Queen can do no Wrong: An Examination of the Reign of Queen Elizabeth II in Africa and the Position of the British Monarch with Regard to International Crimes." Polit Journal Scientific Journal of Politics 3, no. 1 (2023): 1–8. http://dx.doi.org/10.33258/polit.v3i1.833.

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Queen Elizabeth II would be remembered by many as a great queen who ruled and reigned for more than seven decades. Her seventy years of reigned as the British Monarch has imparted the world and the African continent whom she has visited more any other continent even before she was crowned as the British Queen. Indeed, Queen Elizabeth II was even proclaimed as British Queen while in Africa. Although many African leaders have hailed the Queen for the roles she played as the leader of the Commonwealth besides being the crowned Monarch, others have accused her for colonial crimes and harsh British

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4

Richardson, Siane. "Marriage: A Get Out of Jail Free Card?" International Journal of Law, Policy and the Family 34, no. 2 (2020): 168–90. http://dx.doi.org/10.1093/lawfam/ebaa004.

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Abstract Marital rape is a particularly heinous form of sexual violence that occurs within intimate relationships. However, throughout much of the world, the marriage contract affords legal immunity to marital partners who would otherwise be convicted as sexual offenders. By reviewing the laws of the Commonwealth jurisdictions, this research highlights the necessity for reform in many jurisdictions that continue to allow for marital exemptions to sexual offending. This review identified three main forms of marital exemption, that is the general marital exemption to the primary sexual offence,

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5

Hartford Davis, Sebastian Howard. "The Legal Personality of the Commonwealth of Australia." Federal Law Review 47, no. 1 (2019): 3–30. http://dx.doi.org/10.1177/0067205x18816236.

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The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that nation. Current idioms (eg ‘polity’ and ‘body politic’) have a tendency to confuse these distinctions. The article suggests, as a more appropriate way to denote the Commonwealth as legal person, the term ‘constitutional person’.

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6

Anderson, D. H. "British Accession to the UN Convention on the Law of the Sea." International and Comparative Law Quarterly 46, no. 4 (1997): 761–86. http://dx.doi.org/10.1017/s0020589300061200.

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On 21 July 1997 the Foreign and Commonwealth Secretary announced the United Kingdom's decision to accede to the United Nations Convention on the Law of the Sea (“the Convention”), a decision which was acted upon four days later in New York. The United Kingdom thus became the 119th State to establish its consent to be bound by the Convention and the 82nd party to the Agreement of July 1994 on the Implementation of its Part XI (“the Implementation Agreement”).

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7

Gussen, Benjamen Franklen. "Recommendations on the Optimal Constitutional Recognition of the First Nations in Australia." Deakin Law Review 24 (August 30, 2019): 213–30. http://dx.doi.org/10.21153/dlr2019vol24no1art875.

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This note extends my previous analysis of the constitutional recognition of Aboriginal and Torres Strait Islander Peoples (‘First Nations’) by providing guidance on the optimal approach for this recognition. The guidance is founded on the concepts of efficiency and equity. An optimal recognition is defined as one that achieves both objectives simultaneously. Efficiency flows from a dynamic recognition that changes over time relatively easily, as exemplified by a treaty-based approach. The equity criterion has, as a proxy, legal pluralism, whereby constitutional recognition enlivens ‘Indigenous

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8

Marasinghe, Lakshman. "Recent Developments in International Tort Law in the British Commonwealth of Nations." Proceedings of the ASIL Annual Meeting 95 (2001): 291–94. http://dx.doi.org/10.1017/s0272503700057219.

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9

Kahn, Ronald. "Adversarial Legalism: The American Way of Law By Robert A. Kagan. Cambridge, MA: Harvard University Press, 2001. 339p. $49.95." American Political Science Review 96, no. 3 (2002): 641–42. http://dx.doi.org/10.1017/s000305540255036x.

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Robert Kagan has three main objectives in writing this book: to demonstrate that the American systems of criminal and civil law, social welfare, and environmental regulation are dominated by “adversarial legalism,” to critique and explain why it has taken hold in the United States, and to make proposals for reform in light of findings in the United States and the advanced capitalist nations of Europe, the Commonwealth, and Japan.

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10

Larkin, Dani, and Sophie Rigney. "State and territory legislative vulnerabilities and why an Indigenous Voice must be constitutionally enshrined." Alternative Law Journal 46, no. 3 (2021): 205–11. http://dx.doi.org/10.1177/1037969x211032734.

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This article sets out the background to what has occurred since the issuing of the Uluru Statement from the Heart and provides an overview of the Indigenous Voice Co-Design Interim Report and its Voice design options. In doing so, we discuss the possible progression of Local and Regional Voices and other sub-national legislation on First Nations issues. We analyse how those efforts might be limited and/or extinguished if a First Nations Voice is not constitutionally enshrined when we consider the relationship and legislative powers of the Commonwealth, state, and territory parliaments.

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11

Kirby, Michael. "The Commonwealth of Nations today: historical anachronism or focus for universal values?" Commonwealth Law Bulletin 37, no. 1 (2011): 39–59. http://dx.doi.org/10.1080/03050718.2011.548132.

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12

Walker, Janet. "Recent Developments in International Tort Law in the British Commonwealth of Nations—Comment." Proceedings of the ASIL Annual Meeting 95 (2001): 294. http://dx.doi.org/10.1017/s0272503700057220.

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13

Blackham, Alysia, and George Williams. "The Appointment of Ministers from outside of Parliament." Federal Law Review 40, no. 2 (2012): 253–85. http://dx.doi.org/10.22145/flr.40.2.6.

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Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and

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14

Kirby**, Michael. "H. M. Seervai – Indian Advocate and Great Lawyer of the Commonwealth of Nations*." Commonwealth Law Bulletin 33, no. 4 (2007): 639–55. http://dx.doi.org/10.1080/03050710701814847.

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15

Elvy, Stacy-Ann. "A Postcolonial Theory of Spousal Rape: The Carribean and Beyond." Michigan Journal of Gender & Law, no. 22.1 (2015): 89. http://dx.doi.org/10.36641/mjgl.22.1.postcolonial.

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Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against

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16

Yurevitch, Y. "Historical origins of the administrative justice of Poland, dating back to the times of Polish-Lithuanian Commonwealth (before 1795)." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 420–25. http://dx.doi.org/10.24144/2307-3322.2021.65.76.

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The article is devoted to the historical origins of the administrative justice of Poland, dating back to the times of Polish-Lithuanian Commonwealth. As is known, the formation of administrative proceedings on Polish lands took place in the second half of the nineteenth century under the rule of Prussia and Austria-Hungary, but some judicial authorities considered cases of public law in the XVII century. At this stage of the formation of legal mechanisms for resolving public lawsuits, they did not constitute a holistic system, but represented a number of powers of various authorities and offic

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17

Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.

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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thom

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18

Lepeshkina, O. I. "International Cooperation of Member Nations of the CIS on Counteracting Cybercrime." EURASIAN INTEGRATION: economics, law, politics 17, no. 4 (2024): 82–91. http://dx.doi.org/10.22394/2073-2929-2023-04-82-91.

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Cybercrime is the threat to national and international informational security. The objects of cyberthreats are economics security, critical information structure, information state sovereignty. All states admit necessity to take effective measures for anti-cybercrime in this time. Such organizations, as Commonwealth of Independent States, Collective Security Treaty Organization, Shanghai Cooperation Organization are to take active measures on counteracting cybercrime.Aim . The aim of this article is to define principal directions on effective counteracting cybercrime, including creation of law

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19

Tully, James. "Aboriginal Property and Western Theory: Recovering a Middle Ground." Social Philosophy and Policy 11, no. 2 (1994): 153–80. http://dx.doi.org/10.1017/s0265052500004477.

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During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of Aboriginal peoples, and countless nonviolent and vi

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20

Semykina, Olga I. ""Consensus Justice" in Criminal Cases: Innovations of the Member Nations of the Commonwealth of Independent States." Gosudarstvo i pravo, no. 8 (2021): 50. http://dx.doi.org/10.31857/s102694520012403-4.

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The article announces the vectors of adaptation of mechanisms of private law regulation in Criminal and criminal procedure Law. Within the framework of a comparative approach, the thesis is put forward for discussion on the formation in the jurisdictions of the Member Nations of the Commonwealth of Independent States of a new model of the administration of justice in criminal cases, aimed at reaching a &quot;consensus&quot; between the subjects of public law relations - the defense and prosecution sides - on the &quot;cost&quot; of the crime and the resulting &quot; benefit

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21

Sayapin, Sergey. "International Law in Central Asia: Practices and Doctrines." Review of Central and East European Law 47, no. 3-4 (2022): 322–51. http://dx.doi.org/10.1163/15730352-bja10072.

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Abstract Since their independence in 1991, the states of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) have become increasingly important as regional and international actors. They have joined the United Nations (UN) as well as regional organizations, such as the Commonwealth of Independent States (cis), the Collective Security Treaty Organization (csto), the Shanghai Cooperation Organisation (sco), and the Eurasian Economic Union (eaeu). International law has played an important role in the processes of state-building and integration these countries have unde

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22

Chakravorty, Indranil. "Legacy of the Crown for the NHS?" Physician 8, no. 1 (2023): 1–5. http://dx.doi.org/10.38192/1.8.1.4.

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The sixth of May 2023 marked the first Coronation in the United Kingdom after seventy years since Queen Elizabeth was coronated on 2 June 1953. King Charles III took oath for service and perfect justice. During his crowning ceremony, the Coronation Oath Act of 1688 required the King to declare that he would maintain the established Anglican Protestant Church, rule according to laws agreed upon in Parliament, and case law, with justice and mercy to be executed in his judgment. However, for the first time, a preface was added to the coronation oath in which the Archbishop said the Church of Engl

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23

Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth): A Threat to the Rule of Law." Victoria University Law and Justice Journal 7, no. 1 (2018): 93–109. http://dx.doi.org/10.15209/vulj.v7i1.1037.

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In Australia, the Commonwealth executive enjoys significant power to make decisions applying a national interest criterion in Commonwealth statutes. Ultimately, this paper argues that the utilisation of such a criterion by the Commonwealth executive in the Migration Act 1958 (Cth) undermines the rule of law doctrine in Australia.A fundamental tenet of the rule of law is the idea that the law is clear, identifiable and consistent in its approach. Given the imprecise and vague nature of a national interest criterion, it is argued that the notion is often far from clear and identifiable. The net

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24

WILLIAMS, GEORGE. "THE CONSTITUTION AND A NATIONAL INDUSTRIAL RELATIONS REGIME." Deakin Law Review 10, no. 2 (2005): 498. http://dx.doi.org/10.21153/dlr2005vol10no2art289.

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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>The federal Government is proposing to bring about a single national scheme for the regulation of industrial relations in Australia. This will raise a number of important constitutional questions that may need to be resolved by the High Court. These questions as examined in this article are: could a single national law for the regulation of industrial relations be passed under a head of Commonwealth power (in particular, under the Commonwealth's powers o

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25

Baird, Rachel. "Australia's Response to Illegal Foreign Fishing: A Case of winning the Battle but losing the Law?" International Journal of Marine and Coastal Law 23, no. 1 (2008): 95–124. http://dx.doi.org/10.1163/092735208x272292.

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AbstractThe right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an a

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26

Bartsits, Valeriya. "Jurisdiction: insights, essential attributes, and guidelines for selection." Public Administration 26, no. 2 (2024): 45–54. http://dx.doi.org/10.22394/2070-8378-2024-26-2-45-54.

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The study of jurisdiction allows us to present the most significant trends in the evolution of modern law. The concept of jurisdiction is a complex issue with various interpretations. There are ongoing scientific discussions about each of the hypostases where jurisdiction appears, and these discussions have considerable implications for law enforcement practice. Conventional legal theory states that national jurisdiction is a crucial component of the legal framework that applies to a single state or commonwealth of states. In the late 20th and early 21st centuries, many regional and universal

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27

Anita and Chairunisa Muh.Said. "Sejarah lahirnya commonwealth Of Australia." Santhet (Jurnal Sejarah Pendidikan Dan Humaniora) 9, no. 2 (2025): 611–18. https://doi.org/10.36526/santhet.v9i2.5235.

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This study aims to find out about the history of the birth of the Commonwealth of Australia, the method used in this study is qualitative research with library methods, the results of the study show that the Australian nation which is predominantly white and has a socio-cultural and socio-political background of England which is classified as Western as we know it today, starting from the British colony which was born in 1788 and was named New South Wales, outside the initial settlement, namely Port Jackson which developed into the city of Sydney today, then new settlements were also born such

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28

Khrystova, Yuliia, Oleksiy Titarenkо, Oleksandr Cherviakov, Oleksandr Marushchak, and Serhіi Shkolа. "Experience of Some Countries of The Commonwealth of Nations in Ensuring Criminological Protection of Justice." Khazanah Hukum 6, no. 1 (2024): 11–23. http://dx.doi.org/10.15575/kh.v6i1.33619.

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The article describes the experience of Great Britain, Canada, Australia, and New Zealand in the field of criminological protection of justice. A combination of philosophical, general scientific and specific scientific research methods was used in the preparation of this article to find out which special actors are authorized to carry out such criminological activities, to analyze the powers and guarantees for their exercise to fulfill their tasks. The article reveals the peculiarities of interaction of special actors of ensuring the security of justice with other actors in the system of comba

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29

Hatchard, John. "The development of new national institutions in commonwealth Africa." Commonwealth Law Bulletin 21, no. 4 (1995): 1313–26. http://dx.doi.org/10.1080/03050718.1995.9986441.

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30

Barton, George P. "Legal Resource Needs in Small States (Commonwealth Pacific Jurisdictions)." Victoria University of Wellington Law Review 30, no. 2 (1999): 599. http://dx.doi.org/10.26686/vuwlr.v30i2.6007.

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This report by Dr Barton was the result of a survey of the legal resource needs of small Commonwealth states in the Pacific commissioned by the Commonwealth Secretariat in 1979. Dr Barton spent a month and a half visiting the 8 nation states between May and October of 1979. The terms of reference focussed on obtaining a factually based profile of the legal-constitutional needs of each state and are reflected in the various sections of the report. In particular, the terms of referencedirected Dr Barton to "examine ways in which the special legal requirements of these jurisdictions may most effe

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Ivantsov, S. V., and G. I. Idelbaeva. "INTERNATIONAL LEGAL REGULATION OF COUNTERING EXTREMISM." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 311–18. http://dx.doi.org/10.37279/2413-1733-2020-6-2-311-318.

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The article deals with a complex and, at the same time, topical issue of international legal regulation of countering extremist activities. The article analyzes the provisions of the national security Strategy of the Russian Federation, the Strategy of the state national policy of the Russian Federation for the period up to 2025, and the Strategy for countering extremism in the Russian Federation up to 2025. Special attention is paid to the legal regulation of countering extremist activities within the framework of the United Nations, the Shanghai Commonwealth Organization and other internatio

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32

Loomie, Albert J. "The Publication of Sir Edward Hyde's Consideraciones at Madrid in June 1650." Recusant History 19, no. 4 (1989): 447–59. http://dx.doi.org/10.1017/s0034193200020409.

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In the biography of Sir Edward Hyde, his visit to Madrid between November 1649 and March 1651 has usually been neglected for the little that is known about it is largely found in the episodes recalled nearly two decades later in Book XIII of his History of the Rebellion. Yet his sojourn, for close to a year and a half, at the court of Philip IV deserves attention since during it he published anonymously in Spanish an eloquent short pamphlet defending the legitimacy of Charles II’s right to the English throne, while he denounced the Commonwealth as a tyrannical usurpation of authority without a

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Techera, Erika J. "Fishing, Finning and Tourism: Trends in Pacific Shark Conservation and Management." International Journal of Marine and Coastal Law 27, no. 3 (2012): 597–621. http://dx.doi.org/10.1163/157180812x645688.

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Abstract Sharks have a key position in the ocean food chain and their removal could have far-reaching implications beyond the species themselves. Yet since the 1980s the harvesting of sharks, primarily for their fins, and their extraction as bycatch have resulted in a rapid decline in numbers. It is against this backdrop that the Pacific is leading the way in legal developments for shark conservation: from the US shark conservation law, and finning bans in Hawai’i, the Commonwealth of the Northern Mariana Islands and Guam, to the declaration of Palau’s shark sanctuary. These national initiativ

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Bachmann, Sascha-Dominik, and Matthew Burt. "Control Orders Post 9-11 and Human Rights in the United Kingdom, Australia and Canada: A Kafkaesque Dilemma?" Deakin Law Review 15, no. 2 (2010): 131. http://dx.doi.org/10.21153/dlr2010vol15no2art122.

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This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question of whether there can be a true balance between the civil liberties of an individual and the need to protect state and society from a continuing terrorist threat. The article compares the UK’s present control order system of summer 2010 with similar legislation, which the Commonwealth jurisdictions of Australia and Canada

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Gulati, Mitu, Ugo Panizza, W. Mark C. Weidemaier, and Gracie Willingham. "When Governments Promise to Prioritize Public Debt: Do Markets Care?" Journal of Financial Regulation 6, no. 1 (2020): 41–74. http://dx.doi.org/10.1093/jfr/fjaa001.

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Abstract During the European sovereign debt crisis of 2011–13, some nations faced with rising borrowing costs adopted commitments to treat bondholders as priority claimants. That is, if there were a shortage of funds, bondholders would be paid first. In this article, we analyse the prevalence and variety of these types of commitments and ask whether they impact borrowing costs. We examine a reform that was widely touted at the height of the Euro sovereign debt crisis in 2011, in which Spain enshrined in its constitution a strong commitment to give absolute priority to public debt claimants. We

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Manlapas, Omar, and Christopher Mantillas. "A Comprehensive Analysis of the Implementation of Government Procurement Law in Metro Manila: Basis for Good Governance among Local Government Units." Social Sciences Development Review 16, no. 1 (2024): 77–103. https://doi.org/10.70922/045aey55.

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Public procurement is a standard procedure for the government to buy products and services and develop infrastructure projects. Rigid procurement benefits northern hemisphere nations like the European Union (EU). In Australia, they use “Commonwealth Procurement Rules” to get value for money by strengthening local capabilities and skills (Allen, 2020). In a comparative study, Asia outperformed Africa in all parameters except voice, accountability, and procurement complaint handling. (Amankwa & Tetteh, 2022). This research evaluated the three (3) Highly Urbanized Cities based on their scores

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Kogut, Viktor, and Ivan Musket. "CONVENTION ON STANDARDS OF DEMOCRATIC ELECTIONS AND ITS INFLUENCE ON THE FORMATION OF THE SECURITY OF THE ELECTORAL SYSTEM AS AN INTEGRAL PART OF THE NATIONAL SECURITY OF THE STATE: EXPERIENCE IN LEGAL REGULATION THE MEMBER STATES OF THE IPA CIS." LAW. SAFETY. EMERGENCY SITUATIONS 2024, no. 1 (2024): 49–60. http://dx.doi.org/10.61260/2074-1626-2024-1-49-60.

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The importance of electoral security for national security and the implementation of democratic principles and standards in the member states of the Commonwealth of Independent States are determined.  The purpose of this work is to analyze the implementation of the provisions of the Convention in the legislation of the Commonwealth countries that have signed the Convention on Standards of Democratic Elections, Electoral Rights and Freedoms in the member States of the Commonwealth of Independent States.  The authors consider the main specialized documents in the field of national el

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Scott, Paul F. "PASSPORTS, THE RIGHT TO TRAVEL, AND NATIONAL SECURITY IN THE COMMONWEALTH." International and Comparative Law Quarterly 69, no. 2 (2020): 365–95. http://dx.doi.org/10.1017/s0020589320000093.

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AbstractThis article, on the basis of a consideration of the development of the law relating to the use of passports as a tool of national security in the United Kingdom, Canada, Australia and New Zealand, challenges the common law conception of passports, arguing that passports effectively confer rights and so, consequentially, that the refusal or withdrawal of a passport represents a denial of rights. From this conclusion a number of points flow. Though these consequences are most acute for the United Kingdom and Canada, in which passports remain regulated by, and are issued under, prerogati

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Korytko, Andrzej. "Senat w czasie panowania Wazów – jego miejsce w systemie parlamentarnym Rzeczypospolitej." Przegląd Sejmowy 6(167) (2021): 115–40. http://dx.doi.org/10.31268/ps.2021.76.

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The article analyses selected problems pertaining to the Senate – the upper chamber in the Parliament of the Commonwealth of Two Nations during the reign of the Vasa dynasty (1587–1668). The author characterises the Senate by discussing nominations, numbers, and precedence of the senators. Moreover, he presents certain aspects associated with the role and activity of the senators in the course of the pre-Sejm campaign and during Sejm debates. While describing the work carried out by the Polish-Lithuanian Parliament the author draws attention to the less than imposing attendance, the significan

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Zhang, Shuguang. "Comparing Fair Dealing with Fair Use: Why Fair Dealing Can Better Balance Copyright Interests?" Advances in Economics, Management and Political Sciences 75, no. 1 (2024): 248–56. http://dx.doi.org/10.54254/2754-1169/75/20241717.

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This paper conducts a comprehensive comparison of the two pivotal doctrines in copyright law: fair dealing and fair use, highlighting the balance between creators' rights and public access to knowledge. It examines the evolution of these doctrines within different historical and legal contexts, notably in Commonwealth nations favoring fair dealing, and the U.S., a robust advocate of fair use. The paper critically reflects on each doctrine's operational efficacy and practical implications, emphasizing their strengths and potential improvement areas. It argues for fair dealing's superiority in s

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Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.

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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain typ

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Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.

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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bi

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Khan, Ehsan Ullah. "Comparative Analysis of Various Judicial Systems across the World and Their Effectiveness." Indus Journal of Law and Social Sciences I, no. II (2022): 5–18. http://dx.doi.org/10.70540/ijlss.2022(i-ii).02.

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The judicial system differs from state to state and sometimes within a state. They have been developed in different ways yet they might bear compliance with certain widely accepted historical norms of justice constituting the major judicial systems in the world. Hence, they resultantly fall within groups having distinct features e.g., the judicial system of the United Kingdom (UK), the United States (US) and commonwealth nations fall within the family of Common law while most of the European states, including France, Germany, and some North, Central, and South American countries like Mexico an

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Euler, Dimitrij. "Transparency Rules and the Mauritius Convention: A Favourable Haircut of the States Sovereignty in Investment Arbitration?" ASA Bulletin 34, Issue 2 (2016): 355–74. http://dx.doi.org/10.54648/asab2016030.

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This paper investigates whether the United Nations Commission on International Trade Law (UNCITRAL) Transparency Rules on treaty-based investor-state arbitration (Transparency Rules) increases transparency in investment arbitration fairly for all the participants. The hypothesis is that the Transparency Rules and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention), work together as a mechanism that is more favourable for the host states than for the investor, and thereby anticipate the different roles of all participants in treaty-bas

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Nettheim, Garth. "Human Rights and Indigenous Peoples." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 2 (2009): 129–41. http://dx.doi.org/10.5130/ccs.v1i2.1045.

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The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition.  In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been li

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Hatchard, John. "Some reflections on the role of the commonwealth in the development of national institutions." Commonwealth Law Bulletin 25, no. 1 (1999): 64–79. http://dx.doi.org/10.1080/03050718.1999.9986526.

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Meyer, Michael. "National Red Cross and Red Crescent Societies: Humanitarian Partner of Choice for Commonwealth States." Commonwealth Law Bulletin 34, no. 4 (2008): 807–12. http://dx.doi.org/10.1080/03050710802521564.

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Goodwin-Gill, G. S. "The Queen (Al-Rawi and others) v Secretary of State for Foreign and Commonwealth Affairs and another (United Nations High Commissioner for Refugees intervening)." International Journal of Refugee Law 20, no. 4 (2008): 675–709. http://dx.doi.org/10.1093/ijrl/een030.

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Anderson, Nancy. "We are sailing: Multi‐national legal practice and overseas bar associations ‐ the commonwealth Caribbean prospective." Commonwealth Law Bulletin 31, no. 4 (2005): 63–69. http://dx.doi.org/10.1080/03050718.2005.9986727.

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Luke, Allan. "At Last: The Trouble with English." Research in the Teaching of English 39, no. 1 (2004): 85–95. http://dx.doi.org/10.58680/rte20044463.

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So much has been made over the crisis in English literature as field, as corpus, and as canon in recent years, that some of it undoubtedly has spilled over into English education. This has been the case in predominantly English-speaking Anglo-American and Commonwealth nations, as well as in those postcolonial states where English remains the medium of instruction and lingua franca of economic and cultural elites. Yet to attribute the pressures for change in pedagogic practice to academic paradigm shift per se would prop up the shaky axiom that English education is forever caught in some kind o

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