Summer and Winter Research Scholarships

Duration of the project: 24 June – 19 July, 2024.
Hours of engagement: 36 hours per week.
Offered through a hybrid arrangement: onsite and remotely. 

Students will develop skills in data collection, legal analysis and theorisation in the general field of comparative constitutional law, with particular attention to issues in federalism. The research will contribute to the development of publications in the field. Publication with the student is possible, but this will depend on the results of the research. The training provided to the student will enable them to understand the methods and standards required for publishable research and RHD study. Benefits to the school will include training of the student in advanced research methods and contribution to publications in highest quality law journals in the field.

The research project is suitable for students who have successfully completed Constitutional Law and have relevant experience and language skills (e.g., personal knowledge of a particular federal country or fluency in its language. Students who have studied politics or government, especially comparative government, will be especially suited to the project, but this is not essential.

The research project involves identifying and assessing the legal barriers to the promotion of balanced gender representation on the boards of large charities. Using critical socio-legal theory, an epistemological critic of the legal frameworks will achieve the normative foundations of inequality.

Scholars will gain skills in legal research beyond traditional doctrinal methodology. The winter project is the first stage of a larger project, which allows a student to be involved in the project at a later date.

4 weeks, 20-30 hours per week, flexible on-site/home arrangements can be accommodated.

A number of important rules and principles under the Australian Constitution hinge of the concept of a ‘court’ and related notions like ‘judge’, ‘judicial’ powers, ‘judicial independence and impartiality’ and ‘judicial process’. The meaning of these terms has given rise to many constitutional cases and papers seeking to identify the ‘defining and essential characteristics’ of courts.

This project will enrich that field of study by considering Australia’s other justice systems, specifically, the notion of Aboriginal and Torres Strait Islander ‘courts’. It asks questions like: are there First Nations ‘courts’? What are their essential characteristics and qualities – what makes these entities ‘courts’? How do these essential characteristics and notions align with, and/or differ from, the essential characteristics of common law courts?

Based on this initial research, the project may consider potential implications of these similarities and differences for the modern justice system and public law. 

This research forms part of a broader project which aims to explore and understand the nature of courts. The student will undertake research across a range of sources from law, history, and Indigenous-studies.

In practical terms, the scholar will be tasked with undertaking a far-reaching literature review on Australia’s First Nations courts and systems of law and justice, and may be assisted in this by the UQ Library’s extensive Aboriginal and Torres Strait Islander Resource Collection.

Scholars will gain skills in detailed, comparative legal and historical analysis in a complex social and cultural setting. The scholar will also develop skills in the preparation of memoranda and presentation of research findings. Mentoring and support will be provided in academic writing and legal career-building.

The specific research project will feed directly into the preparation of a scholarly book and has the potential to contribute to work towards Indigenising the Curriculum. In addition, the project aligns with UQ Law School graduate attributes for students being able to demonstrate cultural capability.

This project will be particularly of interest to students with a curious, critical, probing mind who are comfortable working with complex, multifaceted notions and communicating them in a clear, logical and concise manner. It is suitable for students with an interest and flare for exploring Indigenous perspectives, experiences and intersections with Law and the legal system, as well as public and constitutional law more broadly. It may also interest students with an interest in the theory/philosophy and history of law.

Rebecca can be contacted on rebecca.aw@law.uq.edu.au with any questions.

Applications should include a CV, transcript and brief (less than 1 page) covering letter which includes an explanation of why you are interested in this particular project.