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From their origins in the shadows of Australian public administration, ministerial advisers have been increasingly thrust into the limelight through scandals that appear on the front page of the newspapers. This book traces the rise in the power and significance of Australian ministerial advisers. It shows the fundamental shift of the locus of power from the neutral public service to highly political and partisan ministerial advisers.The book demonstrates that the introduction of ministerial advisers into the structure of the Executive has led to the erosion of the Australian system of responsible government. This is caused by a failure in the political, legal and managerial accountability frameworks surrounding ministerial advisers.Ministerial Advisers in Australia is the first comprehensive study of the legal and political regulation of Australian ministerial advisers. This book features material from original interviews with Australian Ministers and Members of Parliament, as well as several former State Premiers.**Dr Yee-Fui Ng, Ministerial Advisers in Australia: The Modern Legal Context, was a finalists of the inaugural Holt Prize 2015.
Political advisors have risen in significance in Westminster countries, and have been increasingly thrust into the limelight by headline scandals and through their characterisation in various television series. This increased prominence has led to greater scrutiny of their role and influence. This book demonstrates that the introduction of political advisors into the structure of the executive has led to the erosion of the Westminster doctrine of ministerial responsibility. Adopting a comparative approach, the book analyses the rise in the power and significance of political advisors in the Westminster jurisdictions of the United Kingdom, Australia, New Zealand and Canada. It shows the funda...
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be sub...
Across the world, governments are grappling with the regulatory burden of managing their citizens' daily lives. Driven by cost-cutting and efficiency goals, they have turned to artificial intelligence and automation to assist in high-volume decision-making. Yet the implementation of these technologies has caused significant harm and major scandals. Combatting the Code analyzes the judicial, political, managerial, and regulatory controls for automated government decision-making in three Western liberal democracies: the United States, the United Kingdom, and Australia. Yee-Fui Ng develops a technological governance framework of ex ante and ex post controls within an interlinking network of horizontal and vertical accountability mechanisms, which aims to prevent future disasters and safeguard vulnerable individuals subject to automated technologies. Ng provides recommendations for regulators and policymakers seeking to design automated governance systems that will promote higher standards of accountability, transparency, and fairness.
In this book, leading law academics along with lawyers, activists and others demonstrate what legislation could look like if its concern was to create justice for women. Each chapter contains a short piece of legislation – proposed in order to address a contemporary legal problem from a feminist perspective. These range across criminal law (sexual offences, Indigenous women’s experiences of criminal law, laws in relation to forced marriage, modern slavery, childcare and sentencing), civil law (aged care and housing rights, regulating the gig economy; surrogacy, gender equity in the construction industry) and constitutional law (human rights legislation, reimagining parliaments where laws...
Making a significant, novel contribution to the burgeoning international literature on the topic, this Handbook charts the various methodological, theoretical, comparative and empirical dimensions of a future research agenda on ministerial and political advisers.
This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.
This Handbook provides definitive reference work on political executives and their key role in political systems. It records the current theoretical and methodological debates and sets the agenda for future research in this prominent and extremely wide-ranging field of research.
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Examines the principles and practice of automation in public governance.