ARC Laureate Program on
Balancing Diversity and Social Cohesion in Democratic Constitutions
Balancing Diversity and Social Cohesion in Democratic Constitutions aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies.
Professor Adrienne Stone, Kathleen Fitzpatrick Australian Laureate Fellow, will assemble a new interdisciplinary research team comprising leading scholars in law, world-class early career researchers, and innovative practitioners to enhance the capacity of comparative constitutional law, and enhance their skillset.
The team of researchers shall draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. Markers for the project are to understand how best to balance the pursuit of diversity and social cohesion in constitutional democracies, to provide guidance to established and emerging constitutional orders, and to develop the methodological foundations of comparative constitutional law. Results from the project are intended to help governments, judiciaries and the public to resolve intense controversies over ideals.
The Laureate Program will include opportunities for collaboration, debate and information sharing through conferences, round tables and visiting fellowships. The Laureate Visiting Fellowships in Comparative Constitutional is supported by the Kathleen Fitzpatrick Fellowship Scheme and funded by the Australian Research Council, annually from 2016 – 2021.
ARC Laureate Fellow
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Professor Adrienne Stone
Professor Adrienne Stone Adrienne Stone is Melbourne Laureate Professor, Redmond Barry Distinguished Professor and Director of the Centre for Comparative Constitutional Studies at Melbourne Law School. She researches in the areas of constitutional law and constitutional theory with particular attention to freedom of expression. She is a Kathleen Fitzpatrick Australian Laureate Fellow and her Laureate Program on Comparative Constitutional Law assembles a research team to investigate challenges to liberal democratic constitutionalism.
She has published widely in international and Australian journals including, recently, in the Federal Law Review, Vienna Journal of International Constitutional Law, International Journal of Constitutional Law, and Constitutional Commentary. She is the author (with Carolyn Evans) of Open Minds: Academic Freedom and Freedom of Speech (2021). With Cheryl Saunders AO, she is editor of the Oxford Handbook on the Australian Constitution(2018) and with Frederick Schauer, she is editor of the Oxford Handbook on Freedom of Speech (2021).
She is the President of the International Association of Constitutional Law and is an elected Fellow of the Academy of Social Sciences in Australia and Australian Academy of Law.
Postdoctoral Fellows
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Dr Lynsey Blayden
Lynsey Blayden has lectured in Administrative and Federal Constitutional Law at UNSW, where she completed a PhD in 2020. Her doctoral thesis explored the role of values discernible within the Australian political system, such as trust in democracy and a belief in the positive role of the administrative state, in the shaping of the doctrine of judicial review of administrative action. Lynsey is a Fellow of the Gilbert + Tobin Centre of Public Law and has previously worked for the New South Wales Parliamentary Library Research Service and the New South Wales Department of Premier and Cabinet.
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Dr Anna Dziedzic
Dr Anna Dziedzic is a Postdoctoral Fellow in the Laureate Program in Comparative Constitutional Law. She researches comparative constitutional law and judicial studies, with a particular focus on the Pacific region. Her postdoctoral research explores how constitutions and constitutional institutions are reflective of the people and the state, and how they can accommodate diversity, legal pluralism and non-state actors. Anna is a Convenor of the Constitution Transformation Network at Melbourne Law School, Co-Editor of the Blog of the International Association for Constitutional Law, and Regional Coordinator for Oceania for the Global Citizenship Observatory at the European University Institute. Previously she was a Global Academic Fellow at the Faculty of Law at Hong Kong University, where she conducted comparative research into foreign judges on domestic courts. Anna holds a PhD in law from Melbourne Law School, an MA in Human Rights from University College London and a BA/LLB from the Australian National University. She is the author of Foreign Judges in the Pacific (Hart 2021) and co-editor of the Cambridge Handbook of Foreign Judges on Domestic Courts (forthcoming). She has published academic journal articles in Global Constitutionalism, Federalismi, Federal Law Review, and the Hong Kong Law Journal, as well as practice and policy papers with International IDEA, the United Nations Development Programme, and the National Research Institute of Papua New Guinea.
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Dr Jayani Nadarajalingam
Jayani Nadarajalingam researches primarily in political philosophy and social theory. Her doctoral thesis (currently under examination) considers issues of methodology in political philosophy, with a particular focus on constructive roles political philosophy could play in the guiding and evaluation of political action in the real world and, in doing so, take history and social context seriously. During her postdoctoral fellowship with the Laureate Program in Comparative Constitutional Law, she plans to apply the methodology developed in her doctoral thesis to study the roles played by state and non-state actors in various constitutional contexts. She was a Kathleen Fitzpatrick visiting fellow with the Program in 2018 and is very much looking forward to returning to the Program in a longer term capacity. Jayani is a Convenor of the Constitution Transformation Network at Melbourne Law School. Previously she was a lecturer with the Melbourne School of Government. She has extensive teaching experience, having taught in the Melbourne School of Government’s undergraduate breadth and Masters programs and the Melbourne Law School’s JD program. Jayani undertook her doctoral research at Monash University (Law and Arts(philosophy) faculties). She holds an LLM (Legal Theory) from New York University and a BA(Hons)/LLB(Hons) from Monash University. She has forthcoming chapters in Constitutional Resilience in South Asia (Hart Bloomsbury) and Facts in Public Law Adjudication (Hart Bloomsbury). In 2019, she received funding from the Peter McMullin Centre on Statelessness’s competitive seed funding scheme.
Senior Research Associate
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Dr Stijn Smet
Dr Stijn SmetStijn Smet is Assistant Professor of Constitutional Law at Hasselt University and Senior Research Associate to the Laureate Program in Comparative Constitutional Law at Melbourne Law School. Stijn holds a PhD in Law from Ghent University. Prior to joining Hasselt University, he was a Postdoctoral Fellow at Melbourne Law School (March 2017 – August 2018) and at Ghent University (October 2014 – February 2017). At Hasselt University, Stijn teaches Constitutional Law, Public Law, Legal Protection against the Government, and Law and Power (the first three in Dutch). His primary research expertise is in comparative constitutional law, with a focus on religious freedom, and in human rights law, a focus on conflicts of rights. Stijn is particularly interested in the role of tolerance in law, both generally and in relation to religious freedom specifically. He is the author of Resolving Conflicts between Human Rights: The Judge’s Dilemma (Routledge, 2017 (hardcover) and 2018 (paperback)) and co-editor of When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? (OUP, 2017). Stijn has published among others in Human Rights Law Review, American University International Law Review, Journal of Media Law and Religion & Human Rights. His work has been cited by the European Court of Human Rights (in separate opinions).
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Dr Dinesha Samararatne
Dr. Dinesha Samararatne is a Senior Lecturer at the Department of Public & International Law at the Faculty of Law of the University of Colombo. At the University of Colombo, Dinesha has been teaching Administrative Law, Constitutional Law and Human Rights Law. Previously she was a Postdoctoral Fellow in the ARC Laureate Program in Comparative Constitutional Law where she studied constitution-making in post-war contexts (2019-2020). Dinesha is a Co-Convenor of the Constitution Transformation Network (CTN) of the Melbourne Law School, a Co-Editor of the Blog of the International Association for Constitutional Law (IACL) and a member of the Editorial Board of the Indian Law Review. Her recent research work has been in relation to public participation in constitution-making, constitutional resilience, women and constitutional law, and the relevance of the global south in comparative constitutional law. Dinesha has previously been affiliated with the Centre on Comparative Constitutional Law as a Kathleen Fitzpatrick Visiting Fellow (April – May 2018). Dinesha has published in the Asian Journal of Comparative Law, Journal of Law and Society, Indian Law Review, Asian Journal of Law and Society, the Modern Law Review, and the Journal of Asian Studies.
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Dr Erika Arban
Erika Arban holds a PhD in Law from the University of Ottawa in Canada, where her doctoral thesis Italian Regionalism and the Federal Challenge was awarded the Governor General Gold Medal for the best thesis in the humanities. Erika’s primary research interests are in comparative constitutional law and theory, with a focus on federalism, and legal research methodology. She is particularly interested in cities as constitutional units, constitutional law and socio-economic asymmetries, and languages in comparative constitutional law. Erika was a Postdoctoral Fellow with the Laureate Program in Comparative Constitutional Law (May 2017-June 2022). Erika is one of the co-editors of Federalism and Constitutional Law. The Italian Contribution to Comparative Federalism(Routledge 2021) and the sole editor of Cities in Federal Constitutional Theory(OUP 2022, forthcoming). She is the co-convenor of the IACL research group New Frontiers of Federalism, and comments editor of Comparative Constitutional Studies. Her work has been published in journals such as The Modern Law Review, the Oxford Journal of Legal Studies, and ICON. Erika also held teaching positions at the University of Ottawa, the University of Antwerp, and the University of Milan.
Doctoral Candidates
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Mr Darshan Datar
Mr Darshan Datar Darshan Datar is a doctoral candidate with the Laureate Program in Comparative Constitutional Law. He holds two LL.M degrees from the Central European University, Budapest in Comparative Constitutional Law (2015-16) and the European University Institute (2017-18). His research is focused on the concept of religion followed by constitutional courts. His other research interests include theoretical accounts of secularism and constitutionalism.
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Ms Toerien van Wyk
Ms Toerien van Wyk Toerien van Wyk is a doctoral candidate in the ARC Laureate Program in Comparative Constitutional Law. Her interests are in comparative constitutional law, human rights and information law. Before joining the project, she was the Co-Director of the South African History Archive, a non-profit organisation dedicated to supporting struggles for justice through the use of access to information laws and archival practice. Toerien holds a Master of Laws: Human Rights Law degree (LLM) (cum laude) and a Higher Diploma in International Taxation from the University of Johannesburg as well as a Baccalaureus Legum degree (LLB) from the University of South Africa. Toerien has experienced working in many facets of human rights law and has previously been employed as a legal consultant, a human rights researcher, and a law lecturer. Her research is in comparative constitutional law, with a focus on the protection and promotion of information flow. Her doctoral research explores international and African communally-centered understandings of access to information and freedom of expression. It considers how the flow of information, particularly between the state and residents of the state, ought to be given constitutional protection.
Program Manager
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Gabrielle Dalsasso
Gabrielle Dalsasso Gabrielle Dalsasso is the Program Manager for the Laureate Fellowship in Comparative Constitutional Law. Prior to joining Melbourne Law School, she has held senior administrative positions related to events and training in corporate and not-for-profit organisations.
Supported by the Kathleen Fitzpatrick Fellowship Scheme
Funded by the Australian Research Council
2016 – 2023
The Laureate Visiting Fellowships in Constitutional Law offers outstanding female doctoral and female early career researchers the opportunity to participate in an intensive mentoring program relative to the Laureate Program with Professor Adrienne Stone, ARC Kathleen Fitzpatrick Australian Laureate Fellow, for up to two months; and includes involvement in events, workshops, and conferences.
Funding support is available towards the costs of travel to, and accommodation in, Melbourne. The amount will be allocated on a case-by-case basis. As such, applicants should consider the cost implication before applying, as there may be out-of-pocket expenses not covered by the Fellowship. Visiting fellows from outside Australia are responsible for obtaining and funding any necessary visas.
The Laureate Visiting Fellowships in Comparative Constitutional is supported by the Kathleen Fitzpatrick Fellowship Scheme and funded by the Australian Research Council, annually from 2016 – 2023.
Join our mailing list and twitter feed to receive notifications about future offerings.
The Laureate Program in Comparative Constitutional Law hosted a variety of events, including podcasts, book launches, conferences, seminars, and workshops.
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Constitutional Café Podcasts
A podcast about constitutions and constitutional law globally.
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Panel Discussion & Book Launch: Federalism and Constitutional Law. The Italian Contribution to Comparative Regionalism
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Panel Discussion & Book Launch: Open Minds. Academic & Freedom of Speech
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Scholars at Risk (SAR) launch in Australia: Perspectives on Academic Freedom in Australia
The launch of the Australian chapter of Scholars at Risk (SAR) focused on Perspectives on Academic Freedom in Australia.
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Melbourne Institute of Comparative Constitutional Law (MICCL)
View further information on past MICCL conferences.
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Democracy 2020: Assessing Constitutional Decay, Breakdown, and Renewals Worldwide
Presented in partnership with IACL-AIDC and Melbourne School of Government
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Freedom of Speech Symposium
This symposium was held in 2018 where scholars from a range of disciplines with interests in freedom of speech gathered.
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Cities in Federal Theory Workshop
2019 workshop gathered scholars from around the world and engaged in a broad discussion about the role and place of cities in federalism.
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Making Constitutions Workshop
This workshop is a joint initiative of the Laureate Program in Comparative Constitutional Law and Constitution Transformation Network at Melbourne Law School.
Publications Laureate Program Members
(2016 - )
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Adrienne Stone. Kathleen Fitzpatrick Australian Laureate Fellow.
Books, reference works
Carolyn Evans and Adrienne Stone, Open Minds: Academic Freedom and Freedom of Speech (Black Inc Books, 2021).
Adrienne Stone and Frederick Schauer (eds), Oxford Handbook on Freedom of Speech (Oxford University Press, 2021).
Rosalind Dixon and Adrienne Stone (eds), The Invisible Constitution in Comparative Perspective (Cambridge University Press, 2018).
Cheryl Saunders and Adrienne Stone (eds), Oxford Handbook on the Australian Constitution (Oxford University Press, 2018).
Peter Gerangelos, Nicholas Aroney, Simon Evans, Patrick Emerton, Sarah Murray and Adrienne Stone, Winterton’s Australian Federal Constitutional Law: Cases and Materials (4th ed, Thomson Reuters, 2017).
Publications in scholarly journals
Adrienne Stone and Lael K Weis, ‘Positive and Negative Constitutionalism and the Limits of Universalism: A Review Essay’(2021) 41(4) Oxford Journal of Legal Studies 1249.
Adrienne Stone, ‘The Meaning of Academic Freedom: The Significance of Ridd v James Cook University’ (2021) 43(2) Sydney Law Review 241.
Adrienne Stone, ‘Freedom of Expression under the Australian Constitution’ (2020) 7 Journal of Constitutional Justice 111.
Adrienne Stone, ‘Proportionality and Its Alternatives’ (2020) 48(1) Federal Law Review 123.
Shireen Morris and Adrienne Stone, ‘Abortion Protests and the Limits of Freedom of Political Communication: Clubb v Edwards; Preston v Avery’(2018) 40 Sydney Law Review 395.
Adrienne Stone, ‘Unconstitutional Constitutional Amendments: Between Contradiction and Necessity’ (2018) 12(3) Vienna Journal on International Constitutional Law 357.
Adrienne Stone, ‘Viewpoint Discrimination, Hate Speech Laws and the Double-Sided Nature of Freedom of Speech’ (2017) 32(3) Constitutional Commentary 687.
Adrienne Stone ‘Putting Political Constitutionalism in its Place?: A Reply to Cormac Mac Amhlaigh’ (2016) 14(1) International Journal of Constitutional Law 198.
Claudia Geiringer, Cheryl Saunders and Adrienne Stone, ‘Symposium on Australasian Constitutionalism: Introduction’ (2016) 14(1) International Journal of Constitutional Law 54.
Elisa Arcioni and Adrienne Stone, ‘The Small Brown Bird: Values, Aspirations and the Australian Constitution’ (2016) 14 International Journal of Constitutional Law 60.
Contributions to reference works
Adrienne Stone, ‘Freedom of Expression’ in Honing Lau, David S Law and Alex Schwartz (eds), The Oxford Handbook of Constitutional Law in Asia (Oxford University Press, forthcoming).
Elisa Arcioni and Adrienne Stone, ‘Constitutional Change in Australia: The Paradox of the Frozen Continent’ in Xenophon Contiades and Alkmene Fotiadou (eds), Routledge Handbook of Comparative Constitutional Change (Routledge, 2020).
Adriene Stone and Frederick Schauer, ‘Introduction’ in Adrienne Stone and Frederick Schauer (eds), Oxford Handbook on Freedom of Speech (Oxford University Press, 2021).
Adrienne Stone, ‘Freedom of Expression’ in Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum (eds), Max Planck Encyclopedia of Comparative Constitutional Law (Oxford University Press, 2020).
Adrienne Stone, ‘Expression’ in Cheryl Saunders and Adrienne Stone (eds), Oxford Handbook on the Australian Constitution (Oxford University Press, 2018).
Adrienne Stone, ‘Judicial Reasoning’ in Cheryl Saunders and Adrienne Stone (eds), Oxford Handbook on the Australian Constitution (Oxford University Press, 2018).
Adrienne Stone and Cheryl Saunders, ‘Introduction’ in Cheryl Saunders and Adrienne Stone (eds), Oxford Handbook on the Australian Constitution (Oxford University Press, 2018).
Adrienne Stone, ‘New York Times v. Sullivan’ in Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum (eds), Max Planck Encyclopedia of Comparative Constitutional Law (Oxford University Press, 2017).
Katharine Gelber and Adrienne Stone, ‘Constitutions, Gender and Freedom of Expression’ in Helen Irving (ed), Constitutions and Gender (Elgar, 2017).
Book chapters
Adrienne Stone, ‘Freedom of Expression and the Constitutional Canon’ in Sujit Choudhry, Michaela Hailbronner and Mattias Kumm (eds), Global Canons in an Age of Uncertainty: Debating Foundational Texts of Constitutional Democracy and Human Rights (Oxford University Press, forthcoming).
Selena Bateman and Adrienne Stone, ‘Precedents and Case-Based Reasoning in the Case Law of the High Court of Australia’ in Monika Florczak-Wątor (ed), Constitutional Law and Precedent: Constitutional Law and Precedent (Routledge, 2022).
Adrienne Stone, ‘Proportionality and its Alternatives’ in John Griffiths and James Stellios (eds), Current Issues in Constitutional Law: Tribute to Professor Leslie Zines (Federation Press, 2020).
Selena Bateman and Adrienne Stone, ‘Australia: COVID-19 and Constitutional Law’ in José Ma. Serna De La Garza (ed), COVID-19 and Constitutional Law (Universidad Nacional Autónoma de México, 2020).
Adrienne Stone, ‘Between Realism and Legalism: Michael Coper and the Enduring Appeal of Cole v Whitfield’ in James Stellios (ed), Encounters with Constitutional Interpretation and Legal Education: Essays in Honour of Michael Coper (Federation Press, 2018).
Rosalind Dixon and Adrienne Stone, ‘The Invisible Constitution in Comparative Perspective’ in Rosalind Dixon and Adrienne Stone (eds), The Invisible Constitution in Comparative Perspective (Cambridge University Press, 2018).
Adrienne Stone, ‘The Canadian Constitutional Law of Freedom of Expression’ in Richard Albert and David R Cameron (eds), Canada in the World: Comparative Perspectives on the Canadian Constitution (Cambridge University Press, 2017).
Cheryl Saunders and Adrienne Stone, ‘The High Court of Australia’ in András Jakab, Arthur Dyevre and Giulio Itzcovich (eds), Comparative Constitutional Reasoning (Cambridge University Press, 2017).
Submissions and advice to Government
Michael Crommelin, Kristen Rundle, Cheryl Saunders, Adrienne Stone and Selena Bateman, Supplementary Submission to the Senate Scrutiny of Delegated Legislation Committee, Inquiry into the Exemption of Delegated Legislation From Parliamentary Oversight, 10 September 2020 .
Michael Crommelin, Kristen Rundle, Cheryl Saunders, Adrienne Stone and Selena Bateman, Submission to the Senate Scrutiny of Delegated Legislation Committee, Inquiry into the Exemption of Delegated Legislation From Parliamentary Oversight, 25 June 2020 .
Adrienne Stone, Cheryl Saunders, and Kristen Rundle, Supplementary Submission to the Joint Select Committee on Constitutional Recognition, Inquiry into Constitutional Recognition Relating to the Aboriginal and Torres Strait Islander Peoples, 5 October 2018 .
Adrienne Stone, Cheryl Saunders, Kristen Rundle, Kirsty Gover, Shireen Morris, and Anne Carter, Further Submission to the Joint Select Committee on Constitutional Recognition, Inquiry into Constitutional Recognition Relating to the Aboriginal and Torres Strait Islander Peoples, 21 September 2018
https://law.unimelb.edu.au/__data/assets/pdf_file/0008/2899016/Further-Submission-to-JSC-FINAL-21-September.pdf.Adrienne Stone, Cheryl Saunders, Kristen Rundle, Kirsty Gover, and Shireen Morris, Submission to the Joint Select Committee on Constitutional Recognition, Inquiry into Constitutional Recognition Relating to the Aboriginal and Torres Strait Islander Peoples, 15 June 2018.
Adrienne Stone, Joshua Quinn-Watson, Anna Saunders, and Cole Kirby, Submission to the Parliamentary Joint Committee on Human Rights, Inquiry Into Freedom of Speech in Australia, 23 December 2016 .
Blog posts
Joshua Forrest and Adrienne Stone, ‘The High Court’s Defence of Academic Freedom in Ridd v JCU‘, Australian Public Law (Blog Post, 17 November 2021) .
Adrienne Stone and Joshua Forrest, ‘The Troubling Case of Professor Ridd’, Online Opinion: Australia’s E-Journal of Social and Political Debate (Blog Post, 24 June 2021) .
Adrienne Stone, ‘Four Fundamental Principles for Upholding Freedom of Speech on Campus’, The Conversation (Blog Post, 15 October 2018) < https://theconversation.com/four-fundamental-principles-for-upholding-freedom-of-speech-on-campus-104690>.
Adrienne Stone, ‘Proportionality and the Boundaries of Borrowing’, I-CONnect (Blog Post, 24 April 2018) .
Adrienne Stone and Jade Roberts, ‘It’s Complicated: Academic Freedom and Freedom of Speech’, Pursuit (Blog Post, 30 September 2018) .
Cheryl Saunders, Adrienne Stone and Joshua Quinn-Watson, ‘A Constitution Shaped By Distance’, Pursuit (Blog Post, 24 May 2018) .
Gary Hansell and Adrienne Stone, ‘Public Servants, Social Media and the Constitution’, Australian Public Law (Blog Post, 5 September 2017) .
News articles
Adrienne Stone, ‘Academic Freedom Recognised But Sacked Scientist Fails in Bid to be Reinstated’, The Age (online, 14 October 2021) .
Adrienne Stone, ‘Universities Should Tolerate “Offensive” Ideas’, The Age (online, 15 October 2021) .
Other
‘Constitutional Dimensions of Academic Freedom’, Constitutional Café (Centre for Comparative Constitutional Studies, 12 April 2021) .
‘Climate Science Dismissal Case Sparks Academic Freedom Debate’, Law Report (ABC Radio National, 19 October 2021) .
‘Episode 100: What does our Constitution Say About Freedom of Speech’, Eavesdrop on Experts (University of Melbourne, 17 March 2021) .
‘How Far Should Courts Push Societies To Change?’, The Minefield (ABC Radio National, 23 September 2020) .
‘Germs and Justice: Democracy and Emergency Powers’, Big Ideas (ABC Radio National, 18 June 2020) .
‘Freedom of Speech on Campus’, Counterpoint (ABC Radio National, 18 October 2018) .
‘Episode 42: Academic Freedom and Free Speech in Universities’ The Policy Shop (The University of Melbourne, 19 July 2018) .
‘The Fifth Estate: High Court’, The Wheeler Centre Broadcasts (The Wheeler Centre, 26 September 2017) .
‘Do We Have Trump to Thank for a Renewal of Democratic Virtues’, The Minefield (ABC Radio National, 24 May 2017) .
‘Identity v Bad Journalism’, Just Words (2SER 106.3FM, 27 February 2017) .
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Erika Arban. Post-doctoral Fellow. 2017 - 2022
Books, reference works
Erika Arban (ed), Cities in Federal Constitutional Theory (Oxford University Press, forthcoming).
Erika Arban, Giuseppe Martinico and Francesco Palermo (eds), Federal and Constitutional Law: The Italian Contribution to Comparative Regionalism (Routledge, 2021).
Contributions to reference works
Erika Arban, ‘Introduction’ in Erika Arban (ed), Cities in Federal Constitutional Theory (Oxford University Press, forthcoming).
Erika Arban, ‘An Intellectual History of Federalism: The City and the “Unit” Question’ in Erika Arban (ed), Cities in Federal Constitutional Theory (Oxford University Press, forthcoming).
Cheryl Saunders and Erika Arban, ‘Federalism and Local Governments’ in Erika Arban (ed), Cities in Federal Constitutional Theory (Oxford University Press, forthcoming).
Publications in scholarly journals
Julian R Murphy and Erika Arban, ‘Assessing the Performance of Australian Federalism in Responding to the Pandemic’ (2021) 51(4) Publius: The Journal of Federalism 627.
Erika Arban and Adriano Dirri, ‘Aspirational Principles in African Federalism: South Africa, Ethiopia and Nigeria Compared’ (2021) 29(3) African Journal of International and Comparative Law 362.
Erika Arban, ‘City, State: Reflecting on Cities in (Comparative) Constitutional Law’ (2020) 19(1) International Journal of Constitutional Law 343.
Erika Arban, ‘Editorial: Cities and the Global South’ (2020) 53(1) VRÜ/WCL Verfassung und Recht in Übersee 3.
Erika Arban, Eleonora Bottini and Dinesha Samaratne, ‘Book Review: Bruce Ackerman, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law’ (2020) 83(5) Modern Law Review 1108.
Erika Arban, ‘A Research Agenda for Federalism Studies’ (2020) 50(3) Publius: The Journal of Federalism 6.
Erika Arban, ‘The Nationalism of the Rich: Discourses and Strategies of Separatist Parties in Catalonia, Flanders, Northern Italy and Scotland’ (2020) 30(5) Regional & Federal Studies 682.
Erika Arban, ‘Metropolitan Cities, Federalism and Socio-economic Challenges’ [2019] Rivista di Diritti Comparati 226.
Erika Arban, ‘The Referenda For More Autonomy in Veneto and Lombardia: Constitutional and Comparative Perspectives’ (2018) 10(1) Perspectives on Federalism 242.
Book chapters
Erika Arban, ‘Italy : The Principle of Solidarity as a Principle of Equality’ in Eva Maria Belser et al (eds), The Principle of Equality in Diverse States: Reconciling Autonomy with Equal Rights and Opportunities (Brill, 2021).
Erika Arban, ‘Sovereignty and Autonomy of Constituent Units in Federal Regional Systems: A Case Study of Italy’ in Tracy Fenwick and Andrew Banfield (eds), Beyond Autonomy: Practical and Theoretical Challenges to 21st Century Federalism (Brill, 2021).
Erika Arban, Giuseppe Martinico and Francesco Palermo, ‘Introduction’ in Erika Arban, Giuseppe Martinico and Francesco Palermo (eds), Federal and Constitutional Law: The Italian Contribution to Comparative Regionalism (Routledge, 2021).
Erika Arban, ‘An Intellectual History of Italian Regionalism’, in Erika Arban, Giuseppe Martinico and Francesco Palermo (eds), Federal and Constitutional Law: The Italian Contribution to Comparative Regionalism (Routledge, 2021).
Erika Arban, ‘Constitutional Law, Federalism, and the City as Unique Socio-Economic and Political Space’ in Ernst Hirsch Ballin et al (eds), European Yearbook of Constitutional Law 2020: The City in Constitutional Law (Springer, 2020).
Erika Arban, ‘Survol de la Recherche Interdisciplinaire en Droit: Droit Constitutionnel et Sciences Politiques’ in Stéphane Bernatchez and Louise Lalonde (eds), Approches Et Fondements Du Droit (Éditions Yvon Blais, 2019).
Erika Arban, ‘The Reference and Ethiopian Constitutionalism’ in Giacomo Delledonne and Giuseppe Martinico (eds), The Canadian Contribution to a Comparative Law of Secession: Legacies of the Quebec Secession Reference (Palgrave McMillan, 2019).
Blog posts
Erika Arban, ‘A Critical Review of City, State and Potential Implications for Australian Cities’, Australian Public Law (Blog Post, 7 May 2021) <https://www.auspublaw.org/2021/05/a-critical-review-of-city-state-and-potential-implications-for-australian-cities/>.
Erika Arban, ‘EU Parliamentary Elections: A Snapshot from Down Under’, Eureka! (Blog Post, 4 April 2019)
<https://blogs.eurac.edu/eu-elections/eu-parliamentary-elections-a-snapshot-from-down-under/>.
Other
‘Languages and Comparative Constitutional Method’, Constitutional Café (Centre for Comparative Constitutional Studies, 12 April 2021) < https://player.whooshkaa.com/episode?id=809116>.
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Dinesha Samararatne. Post-doctoral Fellow. 2019 - 2021
Books, reference works
Karen Soldatic and Dinesha Samararatne (eds), Women with Disabilities as Agents of Peace, Change and Rights: Experiences from Sri Lanka (Routledge, 2020).
Publications in scholarly journals
Dinesha Samararatne, ‘Sri Lanka's First Election Commission: Strengthening Electoral Management or Advancing Electoral Integrity?’ (2021) 16 Asian Journal of Comparative Law 156.
William Partlett and Dinesha Samararatne, ‘Redeeming the National in Constitutional Argument’ (2021) 54(4) VRÜ/WCL Verfassung und Recht in Übersee 461.
Dinesha Samararatne, ‘From South Africa to Sri Lanka: Prospects of Travel For “Transformative Constitutionalism”’ (2020) 15(1) Asian Journal of Comparative Law 45.
Dinesha Samararatne, ‘Gendering the Legal Complex: Women in Sri Lanka’s Legal Profession’ (2020) 47(4) Journal of Law and Society 666.
Dinesha Samararatne, ‘Proposals for a New Bill of Rights in Sri Lanka: Narrow Debates, Unmarked Challenges’(2019) 108(6) The Round Table: The Commonwealth Journal of International Affairs 667.
Book chapters
Dinesha Samararatne, ‘Reframing Feminist Imperatives in Adjudication through a Reading of Sri Lankan Jurisprudence’ in Melissa Crouch (ed), Women and the Judiciary in the Asia-Pacific (Cambridge University Press, 2021).
News articles
Dinesha Samararatne, ‘Understanding the ‘Prohibition to Wear Any Garment Concealing the Full Face’, Daily Financial Times (online, 6 May 2019) < https://www.ft.lk/Columnists/Understanding-the-prohibition-to-wear-any-garment-concealing-the-full-face/4-677592>.
Dinesha Samararatne, ‘Easter Sunday Attacks: A Personal Reflection’ Groundviews (online, 26 April 2019) < https://groundviews.org/2019/04/26/easter-sunday-attacks-a-personal-reflection/>.
Other
‘The Global South in Comparative Constitutional Law’, Constitutional Café (Centre for Comparative Constitutional Studies, 11 April 2021) <https://player.whooshkaa.com/episode?id=809171>.
Dinesha Samararatne, ‘Direct Public Participation in Constitution-Making’ (Policy Brief No 1/2018, Constitution Transformation Network)
<https://law.unimelb.edu.au/__data/assets/pdf_file/0006/3037974/Policy-Brief-1-19-PublicParticipation.pdf>.
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Stijn Smet. Post-doctoral Fellow. 2017-2019
Books, reference works
Stijn Smet, Resolving Conflicts Between Human Rights: The Judge’s Dilemma (Routledge, 2017).
Contributions to reference works
Stijn Smet, ‘Toleration and the Law’ in Mitja Sardoč (ed), The Palgrave Handbook of Toleration (Palgrave MacMillan, 2022).
Publications in scholarly journals
Stijn Smet, ‘Review of Günter Frankenberg, Authoritarianism: Constitutional Perspectives’ (2021) 19(2) International Journal of Constitutional Law 769.
Stijn Smet, ‘Comparative Constitutional Interpretation of Religious Freedom’ (2020) 69(3) International & Comparative Law Quarterly 611.
Stijn Smet, ‘Free Speech versus Religious Feelings, the Sequel: Defamation of the Prophet Muhammad in ES v Austria’ (2019) 15(1) European Constitutional Law Review 158.
Stijn Smet, ‘The Pragmatic Case for Legal Tolerance’ (2019) 39(2) Oxford Journal of Legal Studies 344.
Stijn Smet and Christina Angelopoulos, ‘De Zoektocht Naar Een Eerlijke Balans In De Aansprakelijkheid van Tussenpersonen: Het EVRM-perspectief’ [The Search for a Fair Balance in the Liability of Intermediaries: The ECtHR-perspective] [2018] Auteurs & Média 277.
Stijn Smet, ‘Conscientious Objection through the Contrasting Lenses of Tolerance and Respect’ (2019) 8(1) Oxford Journal of Law and Religion 93.
Book chapters
Stijn Smet, ‘Conscientious Objection under the European Convention on Human Rights: The Ugly Duckling of a Flightless Jurisprudence’ in Jeroen Temperman, T Jeremy Gunn and Malcom D Evans (eds), The European Court of Human Rights and the Freedom of Religion or Belief (Brill, 2019).
Blog posts
Stijn Smet, ‘The Problem of a Same Sex Marriage Exemption for Civil Celebrants’, Pursuit (Blog Post, 29 November 2017) < https://pursuit.unimelb.edu.au/articles/the-problem-of-a-same-sex-marriage-exemption-for-civil-celebrants>.
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Darshan Datar. PhD Candidate. 2018 - present
Publications in scholarly journals
Darshan Datar, ‘Book Review: Why Religious Freedom Matters for Democracy: Comparative Reflections from Britain and France for a Democratic “Vivre Ensemble”’ (2021) 19(1) International Journal of Constitutional Law 375.
Darshan Datar, ‘Religious Autonomy as Secularism’s Silent Partner’ (2018) 17(3) Journal for Cultural and Religious Theory 493.
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Toerien Van Wyk. PhD Candidate. 2018 - present
Book chapters
Toerien van Wyk, ‘Accessing Information in South Africa’ in Kevin Walby and Alex Luscombe (eds), Freedom of Information and Social Science Research Design (Routledge, 2019).
Publications in scholarly journals
Toerien van Wyk, ‘Don’t Blame the Librarian If No One Has Written the Book: My Vote Counts and the Information Required to Exercise the Franchise’ (2016) 8 Constitutional Court Review 97.
Blogs
Toerien van Wyk, ‘A New Role for a New Court: S v Makwanyane’, IACL-AIDC Blog (Blog Post, 17 December 2019) <https://blog-iacl-aidc.org/constitutional-landmark-judgments-in-the-commonwealth/2019/12/17/a-new-role-for-a-new-court-s-v-makwanyane>.
By email:
laureate-constitutions@unimelb.edu.au
By mail:
Laureate Program in Constitutional Law
Melbourne Law School
University of Melbourne
Parkville VIC 3010
AUSTRALIA