*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email:\u00c2\u00a0LTA.Service@thomsonreuters.com<\/a>\u00c2\u00a0or\u00c2\u00a0contact us on 1300 304 195\u00c2\u00a0(Australian customers) or +61 2 8587 7980\u00c2\u00a0(international customers) during business hours\u00c2\u00a0(Mon-Fri, 8am-6pm AEST).<\/p>\n The latest issue of the Public Law Review<\/em> (Volume 29 Part 4) contains the following material:<\/p>\n COMMENTS<\/a> \u00e2\u20ac\u201c Editor: Dan Meagher<\/em><\/p>\n Arbitration of Treaty of Waitangi Settlement Cross-Claim Disputes<\/strong><\/em><\/a> \u00e2\u20ac\u201c Amokura Kawharu<\/p>\n M\u00c4\u0081ori have long participated in commercial arbitration, often as landlord in rent review arbitrations. M\u00c4\u0081ori participation in these arbitrations is not especially distinctive. Recently, M\u00c4\u0081ori have also participated in arbitrations involving inter- and intra-tribal disputes over the allocation, distribution and governance of Treaty of Waitangi <\/em>settlements with the New Zealand Crown. The use of arbitration in this context has promise as well as certain drawbacks. The article examines two such arbitrations and the post-award litigation associated with them. It argues that, despite efforts to integrate M\u00c4\u0081ori law into the common law, arbitration provides a more effective means by which M\u00c4\u0081ori can secure the expression of cultural values in dispute resolution, including the application of M\u00c4\u0081ori law. It also argues that the success of arbitration of these disputes rests on ordinary principles, including respect for party autonomy and adherence to the inherent procedural attributes of the arbitral process.<\/p>\n Anti-democratic Political Parties as a Threat to Democracy: Models of Reaction and the Strategic Democracy<\/strong><\/em><\/a> \u00e2\u20ac\u201c Antonios Kouroutakis<\/p>\n There is a consensus among policymakers, lawmakers, legal scholars and \u00e2\u20ac\u0153we the people\u00e2\u20ac\u009d in the western world, that democracy is a blessing. However, how do we defend democracy from anti-democratic political parties that aim to overthrow the democratic regime by abusing the guarantees and the tolerance of democracy? This article argues that there are three public policy options: the traditional model that permits the dissolution of anti-democratic political parties; the business as usual model, that regulates such parties with ordinary administrative law and controls the conduct of their members via ordinary criminal law; and finally, the strategic model that employs an electoral system according to which political parties, like the anti-democratic, having more enemies than supporters are ostracised. That said, this article argues that while electoral law is the most rule-of-law based mechanism to safeguard democracies from anti-democratic parties, not all electoral systems are capable. Only the electoral systems that allow for \u00e2\u20ac\u0153strategic voting\u00e2\u20ac\u009d can be employed for this purpose.<\/p>\n \u00e2\u20ac\u0153Silent Members of Society\u00e2\u20ac\u009d?: Public Servants and the Freedom of Political Communication in Australia<\/strong><\/em><\/a> \u00e2\u20ac\u201c Kieran Pender<\/p>\n This article considers constitutional limitations on the regulation of Australian public servants\u00e2\u20ac\u2122 political expression. It begins by analysing current regulation, arguing that the Public Service Act 1999 <\/em>(Cth) cannot be read down to avoid constitutional concerns. The article thus assesses the statute\u00e2\u20ac\u2122s validity, highlighting the inadequacies of constitutional and administrative review in undertaking this task. It therefore proposes a novel as-applied approach for determining compliance with the implied freedom of political communication. As the High Court prepares to hear Comcare v Banerji, this article offers a sophisticated framework to address shortcomings in the existing law.<\/p>\n BOOK REVIEW<\/a> \u00e2\u20ac\u201c Editor: Janet McLean<\/em><\/p>\n DEVELOPMENTS<\/a><\/p>\n For the PDF\u00c2\u00a0version of the table of contents, click here: PLR Vol 29 No 4 Contents<\/a>.<\/p>\n\n
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