University of Tasmania Law Review
The University of Tasmania Law Review (UTLR) is a double-blind peer reviewed academic journal, published by the University of Tasmania. The Journal covers a wide range of content with a focus on international and comparative law, but including articles with an Australian or Tasmanian focus.
Since its first issue in 1958, the University of Tasmania Law Review has published a diverse range of law-related articles from Australia and around the world dealing with topics such as legal history, current legal issues and future directions of the law.
Managed and edited by a student editorial board, the Review is a refereed journal and all articles are assessed through a formal peer-review process. The Review is proud of its streamlined editorial process, which ensures articles are as current as possible while maintaining the best standards of content and presentation.
The following articles have appeared in recent issues:
- 'Maritime Interception: A Snapshot of Australian Policy, Law & Practice, and the Opportunity for Change' by Susanna Dechent
- 'Employer Deductions from Accounts Payable under the Fair Work Act 2009 (Cth): Restrictions on being both the Payer and Payee' by Nadia Stojanova
- 'The Raised Spectre of Silencing 'Political' and 'Environmental' Protest: Will the High Court Find the Workplaces (Protection from Protesters) Act 2014 (Tas) Impermissibly Infringes the Constitutionally Implied Freedom of Political Communication in Brown v The State of Tasmania?' by William Bartlett
- 'Towards Cross-Cultural Fluency in Mediation Standards' by Kenny Yang
The journal also regularly features case notes and book reviews.
Past issues are available online on AustLII twelve months after publication.
This issue celebrates the 125th anniversary of the University of Tasmania Law School and includes an introduction by Professor Timothy McCormack, Dean of the Faculty of Law.
This issue contains four peer reviewed articles:
- ‘Justice Kennedy’s Legacy of Constitutional Comparativism: An Australian Perspective’
Jemimah Roberts examines Kennedy J’s often divisive use of foreign law when interpreting the United States Constitution during his time on the US Supreme Court bench. She contrasts his controversial legacy with the judicial attitudes towards comparative analysis in Australian constitutional law, offering a unique opportunity for reflection and evaluation.
- ‘The Future of the Fettering Rule in Judicial Review’
Christopher Chiam presents a strong argument for the abolition of the fettering rule, which prohibits the strict use of a policy or guideline by an administrative decision-maker. An earlier version of this paper was awarded the Michael Coper Memorial Prize at the 2018 Australian Law Students’ Association Conference in Adelaide.
- ‘The Westminster Model in Comparative Administrative Law: Incentives for Controls on Regulation-Making’
Andrew Edgar compares regulation-making processes in Westminster parliamentary systems and the United States’ presidential system. In particular, he looks at the presence of public consultation provisions and notice and comment provisions under the different systems, and aims to provide a better understanding of the factors that influence regulation-making in Westminster-based systems.
- ‘In Search of a Model Provision for Rape in Australia’
Andrew Hemming endeavours to set out a comprehensive provision for the crime of rape, aiming to show how clarity and uniformity may be accomplished in a challenging area of Australian law. This article is particularly timely, as the Queensland Law Reform Commission is presently undertaking a review of the law around consent and mistake of fact.
This issue also contains two case notes:
- ‘Ways of Making You Talk: Germany’s Judicial Determinations that the Executive Must Answer Parliamentary Questions Properly’
Greg Taylor reviews the jurisprudence surrounding the German Federal Constitutional Court’s power to determine when refusal of information by the executive is justified.
- ‘Lazarus in Tasmania: Comparing the Responsibility to Communicate and Ascertain Consent under New South Wales and Tasmanian Law’
Taylor Bachand looks at the reasoning of the courts in the controversial New South Wales Lazarus cases. She also considers whether similar reasoning and similar outcomes could occur under Tasmania’s consent laws.
This issue also features five book reviews, covering the following titles:
- Online Misogyny as a Hate Crime: A Challenge for Legal Regulation
- Alternative Dispute Resolution and Domestic Violence: Women, Divorce and Alternative Justice
- Constitutional Recognition: First Peoples and the Australian Settler State
- Civil-Military ‘Legal’ Relations: Where to from Here? The Civilian Courts and the Military in the United Kingdom, United States and Australi
- State and Religion: The Australian Story
37(2) 2018 Special Issue: Imagining a different future, overcoming barriers to climate justice
The Special Issue provides powerful and insightful commentary on the law and climate change justice. The issue features an introduction by Nicky van Dijk, Jan Linehan and Peter Lawrence which surveys climate justice and barriers to its realisation. Given the urgency of climate change and importance of justice considerations the entire issue has been made available free online to ensure wide dissemination. You can also download the individual articles using the links below.
- Imagining Different Futures through the Courts: A Social Movement Assessment of Existing and Potential New Approaches to Climate Change Litigation in Australia by Danny Noonan
- Justice and Climate Transitions by Jeremy Moss and Robyn Kath
- Ecocide and the Carbon Crimes of the Powerful by Rob White
- Individual Moral Duties Amidst Climate Injustice: Imagining a Sustainable Future by Steve Vanderheiden
- Lawfare, Standing and Environmental Discourse: A Phronetic Analysis by Brendon Murphy and Jeffrey McGee
- Climate, Culture and Music: Coping in the Anthropocene by Simon Kerr
Non-Peer Reviewed Article
Contributions to the Journal
We welcome the submission of articles, preferably between 4,000 and 10,000 words (inclusive of footnotes) and on topics of relevance to academics and the legal community. It is required that all articles be accompanied by an abstract of approximately 200 words in length. Contributors should note that the University of Tasmania Law Review has a particular focus on Australian, Asia-Pacific and international legal issues. Articles should contain useful headings. References must be footnoted in accordance with the Australian Guide to Legal Citation (4th ed, 2018).
All articles considered to be of the appropriate format and subject matter are refereed using a double-blind process. This process of refereeing takes approximately two months. Authors will be notified of the Editors' decision regarding publication and will be kept informed throughout the process. If an article contains subject matter that is of a time-sensitive nature, then the Editors may consider early publication of an article on the website. This involves fast-tracking the double-blind process.
Manuscripts must be submitted online at Law Review Article Submission Form. All manuscripts must be in a format able to be edited (no PDF or read-only files). If there is more than one author for your manuscript, the lead author or author who will handle the correspondence with the Review should complete the online form. Please note in the ‘comments’ box if there are multiple authors. All co-authors must complete the Law Review Article - Co-author Submission Form before the manuscript will be considered.
Authors are encouraged to submit articles now for volume 37. The first issue of volume 37 will be printed in Winter 2018.
For any questions regarding submissions or any other matters please contact us by email at Law.Review@utas.edu.au
Information for Subscribers
The journal is published twice a year. The cost of the Journal is:
- $55.00 per issue for domestic subscribers, and
- $60.00 (AUD) for overseas subscribers (delivered economy airmail).
The prices are both inclusive of postage and handling and GST where applicable. Subscriptions can be organised by contacting the Law School Publications Officer below.
Intending subscribers should contact:
Faculty of Law
University of Tasmania
Private Bag 89
Tasmania, Australia 7001.
Fax: (03) 6226 7623
Phone: (03) 6226 7552
Readers can also purchase a one-off copy of a particular issue.
You may either send a cheque with your subscription notice, or we will invoice you when you receive your first issue.
Subscriptions within North or South America should be addressed to:
William S. Hein & Co., Inc.
2350 North Forest Road | Getzville, NY 14068
- Dr Peter Lawrence
- Elizabeth Reed
- Naomi Hauser
Editorial Board Members:
- Courtney Bailey
- Nicholas Bartlett
- Harrison Fawcett
- Sylvia Lawrence
- Isabella Memed
- Tanja Mutton
- Aisha Nazzal
- Chun Yu