When winners are losers: The stalemate of Australian politics

The 1998 federal election emphasizes the fact that in Australian politics the power of the major parties remains strong both in terms of voter identification and in terms of setting the policy agenda on which political contests are fought, say Professors John Wanna and Patrick Weller from the Department of Public Policy at Griffith University, Brisbane, Australia. The results of the election nevertheless illustrate a substantial level of discontent in the community, and the term of the next government promises frequent stalemates, as the clash between the House of Representatives and the Senate makes the passing of controversial legislation difficult.     

Palestinian state‐building: police and citizens as test of democracy

This article explores police‐society relations by assessing the impact of current state‐building efforts by the Palestinian National Authority (PNA) in the Gaza Strip and part of the West Bank. The article presents an outline of the emerging civilian policing model and its wider implications for citizens’ rights and the dominant political order. The specific focus of the paper rests on an examination of the potential tensions associated with the perceived need for strong coercive security structures (including the civil police) as part of state‐building efforts and the desire by the population for increased freedom and pluralism. This issue is further complicated by the ambiguous nature of the current experiment in limited autonomy underway in those areas of the West Bank and Gaza Strip where Israeli redeployment has taken place.     

Rethinking ‘Five Eyes’ Security Intelligence Collection Policies and Practice Post Snowden

The Edward Snowden leaks challenge policy makers and the public's understanding and perspectives on the role of security intelligence in liberal democratic states. This article explores the challenges confronting security intelligence collection by the ‘Five Eyes’ countries – particularly those most affected by the leaks. We argue that the debate now needs to move beyond simplistic notions of privacy vs. security to a more detailed understanding of the policy and ethical dilemmas confronting policy makers and intelligence agencies. To that end, we provide a schematic framework (methods, context and target) to promote a better understanding of the practical, policy and ethical problems for security intelligence collection emerging post Snowden. The framework is a first step in identifying common principles that could be used develop an ethically informed set of policy guidelines to help decision makers better navigate between citizen's two basic rights: security and privacy.     

Doctor in Trouble: Anderson v Gorrie and the Extension of Judicial Immunity from Suit in the 1890s

This article explores the case of Anderson v Gorrie (1894) in which the Court of Appeal completed the immunity of judges from suit for actions whilst ostensibly sitting judicially and within their jurisdiction. They subsequently rejected an argument for an extension of the ambit of the decision in Dimes v Grand Junction Canal Company to judges sitting in a case in which they had an interest. The strength of the fortifications the judiciary had built around itself, erected on the bones of Anderson and others, must have been influenced by the concerns the judges felt – concerns with the influx of litigants in person, who sometimes pursued their cases all the way to the Lords, benefiting from the in forma pauperis procedure.