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Australia has been the site of major advances in the creation of public sector anticorruption commissions since 1989. However, commissions with broad jurisdiction have been limited to the six states until 2023. The federal jurisdiction lagged behind, with a series of scandals driving intensified debates from 2013. Performance issues associated with state agencies formed part of the debate. The present paper reviews this history, focusing on the intensification of research and lobbying efforts leading to the establishment of a National Anti-Corruption Commission in 2023. The paper also critiques the legislation behind the new agency, arguing it entails considerable limitations and that agency legitimacy and effectiveness will only be achieved through the inclusion of integrity issues of concern to citizens, a strong focus on prevention, and significant independence in investigations and adjudication. These lessons are of relevance to other jurisdictions facing the issue of effective institutional responses to public sector misconduct risks. [ABSTRACT FROM AUTHOR]

Good morning. It is an honor to speak before this very distinguished and daunting audience on recent efforts at revitalizing state constitutions. It is an effort that has been given […]

This article examines ministers as policy actors through analysis of tasks in mandate letters. These tasks were coded as involving either policy initiation, supplementation, maintenance, coordination, engagement, or information. The 2021 mandate letters show that policy maintenance tasks are most common, initiation the least, suggesting that most ministers are constrained to passive policy management. Four distinctive ministerial types are also identified. Activists are distinguished by their dominance over policy initiation, advocates are characterized most by policy supplementation and maintenance, managers are mostly tasked with maintaining the policy status quo, and networkers are distinctive in their share of coordination and information tasks. Cet article examine les ministres en tant qu'acteurs politiques a travers l'analyse des taches contenues dans les lettres de mandat. Ces taches ont ete codees selon l'une des implications de politiques suivantes : l'initiation, l'adjonction, le maintien, la coordination, l'engagement ou l'information. Les lettres de mandat de l'annee 2021 montrent que les taches de maintien des politiques sont les plus courantes, et celles d'initiation les moindres, ce qui laisse entendre que la plupart des ministres sont contraints a exercer une gestion passive des politiques. Nous identifions aussi quatre types distinctifs de ministres. Les militants se distinguent par leur mainmise sur l'initiation des politiques, les defenseurs se caracterisent surtout par l'adjonction et le maintien des politiques, les gestionnaires sont principalement charges de maintenir le statu quo politique, et les reseauteurs se distinguent par le partage des taches de coordination et d'information., INTRODUCTION Ministers play multiple roles in the executives of parliamentary systems, including policy development and management, involvement in departmental and collective decision-making, parliamentary accountability, political strategy, and public communication (James, [...]

Background: Suicide is a worldwide public health problem. In response to this problem, Australia was one of the first countries to develop national suicide prevention policy. Guided by the National Suicide Prevention Office (NSPO), which was established in 2021, suicide prevention in Australia is in a period of reform. The NSPO is driving a nationally consistent and integrated approach to suicide prevention including leading the development of a new National Suicide Prevention Strategy. This article summarises findings from an environmental scan of government-led suicide prevention in Australia, conducted as an input for the development of the new Strategy. Methods: The scan was conducted from August 2022 to January 2023. We searched relevant government websites and Google to identify policy documents and programs and services. We undertook a desktop review of documents and programs/services using coding templates developed to address the objectives of the scan. Qualitative information was extracted in a systematic manner using these templates. Results: Australia's suicide prevention efforts are significant as demonstrated by activities ranging from policy documents intended to guide and plan activity, the National Mental Health and Suicide Prevention Agreement committing the Federal Government and jurisdictions to work together, and the availability of national, state, local area based, and digital services and programs. Suicide prevention approaches in Australia are mostly selective or indicated. There is less emphasis on universal approaches, wellbeing promotion, strengthening protective factors and mitigating the impact of known drivers of distress. In addition, there is limited evidence to demonstrate a whole-of-government or whole-of-system approach is operating in Australia. Findings should be interpreted in the context that suicide prevention in Australia is currently in a period of transition. Conclusions: Current government emphasis on and investment in suicide prevention activity, together with strong commitment to lived experience and cross sectorial collaboration, are substantial and appropriate. There are also many opportunities to further progress cross-portfolio and cross-jurisdiction suicide prevention and response efforts. This requires urgently adopting a shared understanding of suicide, which includes the diverse drivers of suicidal distress, and improving protective factors and social wellbeing. [ABSTRACT FROM AUTHOR]

This article argues that fragmented and varied regulatory, cultural, and electoral responses to guns and gun rights in the contemporary United States are a result of two long-standing features of American political life––its tradition of armed federalism and its unique, domestically oriented market for small firearms. As a result of the intersection of these two phenomena, the past 150 years have seen the growth of a fragmentary regulatory response to firearms on the part of local, state, and federal jurisdictions; the emergence of an organized national gun-rights movement; and, most significantly, the ascendance of a legal strategy by supporters of gun-rights constitutionalism. Only by examining the historical contingencies of American political institutions and markets does the contested transformation of a "right to bear arms" into gun rights make sense. [ABSTRACT FROM AUTHOR]

The research dealt with studying the concept of federalism by defining it jurisprudentially and legally and determining the meanings of federalism according to the concept of some constitutional writers and jurists. The research dealt with identifying the most important characteristics of the legal system of federalism by stating the independence. This research paper reached a set of results, the most important of which is the right to independence of federal jurisdictions, which distinguishes this system from the system of administrative decentralization. The paper also suggested that it is necessary to create a balance between the federal authorities and the regional authorities in order to exclude the tendency to provocation or control on the part of the center or the central government. [ABSTRACT FROM AUTHOR]

Justiciability, or non-justiciability, has been regarded as a difficult and indeterminate concept in Australia. This article provides a definition of justiciability in order to clarify the interaction of justiciability with the grant of federal jurisdiction in Chapter III of the Constitution, as well as with related doctrines, such as the act of state doctrine and the American political question doctrine. It argues that justiciability is a constitutional limitation on federal jurisdiction to matters that are capable of being resolved by the exercise of federal judicial power. Accordingly, broad statements that certain subject matters are always non-justiciable should be rejected. Instead, it is necessary to demonstrate exactly what grounds a matter is said to be non-justiciable, arising from the text and structure of the Constitution. [ABSTRACT FROM AUTHOR]

Reflecting on the state of the federal judiciary in the aftermath of the Biden Commission report and subsequent controversies, this Article identifies problems with the current operation of both the Supreme Court and the lower courts that make up the Article III judicial pyramid. Many federal issues have been assigned to non-Article III tribunals, courts poorly structured to offer the independent legal assessment that such Founders as James Wilson prized as they structured the federal judiciary. Meanwhile, the Supreme Court devotes growing attention to a slice of highly Salient public law questions, including those presented on the shadow docket, thereby slighting matters of private law and fueling dysfunctional decision-making. Instead of jurisdiction-stripping and court packing, two controversial proposals for court reform, this Article proposes modest jurisdiction stuffing. By that, the Article means jurisdictional provisions that will expand the Court's mandatory appellate docket to encompass a broader range of matters, without unduly burdening the Court. Among its proposals, the Article suggests some broadening of the Court's mandatory review of state court decisions, some expansion ofthree-judge tribunals to clarify the factual and legal issues that now occupy the Court's shadow docket, and some as-of-right review of a slice of Federal Circuit decisions that implicate matters of private law. The Article proposes novel filtration rules to select cert-worthy issues for mandatory review. [ABSTRACT FROM AUTHOR]

The article focuses on the challenges of overconsolidation in multidistrict litigation (MDL) under 28 U.S.C. section 1407, where a few judges handle a vast number of cases, leading to accuracy issues in decision-making. It argues for a "divisional approach" to assign MDLs to multiple district courts and circuits, aiming to balance efficiency and accuracy by distributing decision-making across a broader judicial spectrum.

Federal courts routinely assert that a federal court lacks jurisdiction to hear a state claim that state courts lack jurisdiction to hear. That assertion is wrong. State law cannot, on its own force, deprive federal courts of jurisdiction because federal jurisdiction is the exclusive province of federal law. However, state law can, and often does, affect federal-court jurisdiction. For example, state laws on remedies can affect whether a plaintiff has satisfied the amount-in- controversy threshold for statutory diversity jurisdiction or whether a plaintiff has standing to sue in federal court. Thus, while state law cannot override federal jurisdiction, it can affect federal jurisdiction under circumstances permitted by federal law. [ABSTRACT FROM AUTHOR]

The article offers information on the role of Judge Joseph Weis and the U.S. Federal Courts Study Committee (FCSC) in reforming federal jurisdictional rules. Topics discussed include the codification of pendent and ancillary jurisdiction; the impact of the Judicial Improvements Act of 1990; and the ongoing debate surrounding the balance of judicial interpretation and congressional authority in jurisdictional law reform.

Municipalities are often considered to be places of innovation. However, certain issues, such as 5G, suggest that the municipal level of government is hampered by challenges. In this article, we present the results of a survey of 220 respondents from 54 different municipalities of various sizes, alongside a media press review. We show that 5G is indicative of the challenges pertaining to multilevel governance, the presence of a significant information deficit as well as the clout of the private sector in public planning. These findings call on us to examine municipal governance and the relevance of creating intermunicipal cooperation. Sommaire Si les municipalites sont souvent considerees comme des lieux d'innovation, certains enjeux, comme celui de la 5G, contribuent A devoiler les defis rencontres A cette echelle de gouvernement. A partir des resultats d'un sondage realise aupres de 220 repondants de 54 municipalites quebecoises de tailles differentes et de l'analyse d'une revue de presse, nous montrons que la 5G est revelatrice tant des defis lies A la gouvernance multiniveaux, de la presence d'un deficit informationnel important que de l'emprise du secteur prive sur 1'amenagement public. Ces resultats interrogent la gouvcrnance municipale et les modalites de cooperation susceptibles d'exister entre les municipalites., INTRODUCTION In February 2023, the Federation quebecoise des municipalites (FQM) wrote that 'innovation, object connectivity and 5G1 should have no territorial limits [...] We are still surprised, in 2023, that [...]

This article explores the Indigenous historiography of the town of Senneterre and the Abitibi region in Quebec. As the centre of ancestral and contemporary social and spatial organization of three Indigenous nations--Anicinabe, Iiyiuu/Iinuu (Cree), and Atikamekw Nehirowisiw--the specificity of Senneterre allows for a more nuanced analysis that centres Indigenous epistemological traditions of kinship, responsibility, and care. We thus focus on the ways in which the Senneterre Native Friendship Centre (and, more broadly, the national and provincial friendship centre movement), through a politics of care, has consistently delinked from settler-colonial tenets to build and embody a vision of making home and weave a sense of belonging for the Indigenous families that have been excluded from the town's imaginary. The authors show how the Friendship Centre and its members have contributed to the reexamination of analytical and conceptual underpinnings of Indigenous urbanization, from a process of acculturation, cultural and territorial dispossession, and assimilation to that of strengthening contemporary Indigenous identities and the flourishing of a civic society in a place where urban space cannot be disassociated from a complex and overlapping Indigenous sovereign presence. Keywords: Abitibi, decolonial, kinscapes, Senneterre, Senneterre Native Friendship Centre, settler colonialism, urban Indigenous Cet article explore l'historiographie autochtone de la ville de Senneterre et de la region de l'Abitibi au Quebec. Situee au coeur de l'organisation sociale et spatiale ancestrale et contemporaine de trois nations autochtones - Anicinabe, Crie (Iiyiuu/ Iinuu) et Atikamekw Nehirowisiw -, Senneterre jouit d'une specificite qui permet une analyse plus nuancee de l'urbanite autochtone qui repose sur les traditions epistemologiques autochtones de parente, de responsabilite et de l'ethique du << care >>. Nous nous interessons donc a la facon dont le Centre d'entraide et d'amitie autochtone de Senneterre (et, plus largement, le mouvement national et provincial des Centres d'amitie), par l'intermediaire d'une politique du << care >>, s'est constamment dissocie des principes coloniaux pour construire et materialiser une vision centree sur la creation d'un chezsoi et tisser le sentiment d'appartenance des familles autochtones exclues de l'imaginaire de cette petite ville. Les autrices montrent comment le Centre d'amitie et ses membres ont contribue au reexamen des fondements analytiques et conceptuels de l'urbanisation autochtone, en passant d'un processus d'acculturation, de depossession culturelle et territoriale et d'assimilation a une demarche de renforcement des identites autochtones contemporaines et d'epanouissement d'une societe civile autochtone, dans un lieu oU l'espace urbain ne peut etre isole de la presence souveraine, complexe et imbriquee des Peuples autochtones. Mots-cles : Abitibi, decolonisation, reseaux de parente, Senneterre, Centre d'entraide et d'amitie autochtone de Senneterre, colonialisme de peuplement, urbanite autochtone, While Indigenous (2) urbanization in Canada is generally seen as a 'recent' phenomenon, having begun in the 1950s and 1960s, the Indigenous presence in Senneterre can be said to be [...]

The failure of several U.S. regional banks early in 2023 underlined Canada's reputation as home to a resilient banking sector where federal policymakers guard their jurisdictional responsibility over banking against populist impulses and trade off competition for financial stability. This article argues that conventional explanations for this observed stability are incomplete because they omit any discussion of federal policies that shaped the growth of a $550 billion provincially based credit union system. This article reconciles the resulting puzzle by showing how policymakers accommodated credit unions and used them to channel populist impulses but within the bounds of over-arching financial stability concerns. La faillite de plusieurs banques regionales americaines au debut de 2023 a fait ressortir la reputation du Canada comme etant un pays au secteur bancaire resilient, ou les decideurs federaux protegent leurs competences en matiere bancaire contre les elans populistes et sacrifient la concurrence au profit de la stabilite financiere. Cet article soutient que les explications classiques de cette stabilite observee sont incompletes de par le fait qu'elles omettent toute discussion sur les politiques federales qui ont forge la croissance d'un systeme provincial de cooperatives de credit de 550 milliards $. Cet article ajuste le casse-tete qui en resulte en montrant comment les decideurs ont repondu aux besoins des cooperatives de credit et les ont utilisees pour canaliser les elans populistes, mais dans les limites des preoccupations ultimes de stabilite financiere., INTRODUCTION Having avoided the crisis episodes common in the United States, Canada's banking sector has a well-earned global reputation for stability (Bordo et al., 2015; Calomiris & Haber, 2014). The [...]

For more than a century, the United States has sought to restrict Tribal governments’ powers over criminal law. These interventions have ranged from the imposition of federal jurisdiction over Indian country crimes to actively dismantling Tribal justice systems. Two particular moves—diminishing Tribal jurisdiction and imposing adversarial approaches on Tribal courts—have had particularly devastating impacts on Tribal justice and criminal legal systems. In the contemporary era, these developments have severely constrained Tribal approaches to criminal justice reform. Yet in recent years, we’ve begun to witness new trends at the Tribal level. Tribes are increasingly embracing Indigenous-based restorative justice models, which have regenerated Tribal jurisdiction and enhanced the well-being of Tribal members. These trends are important both in their own right and as examples of Indigenous antisubordination in criminal justice reform. Indeed, for Tribes, the leading contemporary response to historical oppression is collective “self-determination.” True self-determination requires both internal and external legitimacy. As Tribes pursue freedom from settler-colonial constraints, this Article reveals how restorative justice offers opportunities to “Indigenize” Tribal systems while also reclaiming jurisdictional powers for the benefit of Tribes and Tribal members alike. [ABSTRACT FROM AUTHOR]

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While a Constitution embodies the basic principles and laws of a nation, its language and text may introduce ambiguity or confusion, especially during implementation of its laws. In such situations, interpretation of the text becomes more important than the text itself. The Federal UAE Constitution was issued in 1971 and includes a provision to specify the authority competent to interpret its contents. However, if the constitutional text that cited the interpretation jurisdiction of the Court is brief, then this research only gains important reason to explore the ambiguities of these texts and work. Therefore, this study aims to review and analyze Court rulings according to interpretation requests submitted to it from its inception to date. To the best of our knowledge, our study is the first to attempt to undertake the Court's interpretative experience into a constructive legal analysis and highlight this genuine constitutional competence, which lacks a detailed discussion. [ABSTRACT FROM AUTHOR]

The article analyzes the Supreme Court's decision in Sackett v. EPA, emphasizing its departure from established legal principles and its potential impact on environmental regulation. It critiques the Court's interpretation of the Clean Water Act, arguing that it neglects statutory text, historical context, and previous legal precedents. It also discusses the consequences of the ruling on federal jurisdiction over water resources.

It is virtually a tenet of modern federal jurisdiction that judges, at least when they are acting as judges, are inappropriate defendants in civil suits. Yet on rare but salient occasions, state judges might be the sole or primary party responsible for violating the constitutional rights of citizens, for instance by imposing excessive bail or by opening their courtrooms to oppressive private suits like those under Texas’s Senate Bill 8 bounty regime. In such cases, injunctive relief against judicial officers may be the only or most effective remedy against constitutional violations, but federal courts from the trial level up to the Supreme Court treat state judges as if they are immune to suits seeking prospective relief [ABSTRACT FROM AUTHOR]

In the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns of comity and federalism. Federal courts have dismissed a broad range of substantive challenges tasked to them by Congress, including those under the Americans with Disabilities Act and the Indian Child Welfare Act. Other examples include constitutional claims involving state court eviction proceedings, foster care determinations, bail and criminal justice policies, COVID-era safety practices, and other instances where state courts impact state policy. This paper is the first to argue that these decisions constitute a new abstention doctrine, unmoored from precedent, which I label “the new comity abstention.” The new comity abstention doctrine, currently percolating in the lower federal courts, would bar enforcement of federal rights any time the action could cause a downstream effect on state court proceedings or require a federal court to review state court procedures. If fully adopted, however, the doctrine would amount to a severe threat to federal jurisdiction and a categorical abdication of the federal courts’ role in enforcing fundamental federal rights against a large swath of state action. [ABSTRACT FROM AUTHOR]

On January 28, 1942, the Office of Civilian Defense (OCD) issued a press release on the eligibility for licensed female pilots to join the new Civil Air Patrol (CAP). The [...]