Constitutional authority over resources and environmental questions resides principally in the States in Australia, but there are many powers which the Federal Government can develop, either alone or together with the States, in working out national policies in these areas. Although the constitutional issues are important, resolution of land use problems is fundamentally a matter of competition for power and authority within the political system.

Professor Whalan suggests four stages in the development of environmental law: (a) totally resource-oriented statutes with possible overlaps and clashes between separate uses; (b) integration of the separate codes and the introduction into those codes of environmentally oriented protective provisions; (c) the enactment of statutes directed towards a specific environmental problem or problems; and (d) the development of overview bodies with advisory and supervisory functions to which the protective responsibilities may be added.

In these statutory moves towards macro-environmental law in Australia, the Courts have been given a very limited role and it is argued that much of the law is not normative in character but procedural, administrative and discretionary. In very many cases, ultimate control is political rather than judicial.

Natural justice — Judicial review — Armed forces — Air force officer — Power to dismiss where appointment held at pleasure — Governor-General in Council — Air Force Regulations 1927 (Cth) regulations 72(1), 628(1)

Flight Lieutenant Coutts was an officer in the Royal Australian Air Force. In 1980 the Governor-General in Council terminated his appointment on medical grounds in accordance with Regulations 72(1) and 628(1) of the Air Force Regulations, 1927 (Cth). Regulation 72(1) reads:

The last decade of the nineteenth century saw a number of Conventions held for the purpose of creating the rules under which the Australian colonies would federate in “one indissoluble federal Commonwealth”. The endeavour was designed to be an anchor to the past, creating rules that bind until a super-majority of the living change them. These rules were incorporated into a written document, which declares itself to be the paramount law within the Commonwealth of Australia.

We consider log Calabi-Yau surfaces $(Y, D)$ with singular boundary. In each deformation type, there is a distinguished surface $(Y_e,D_e)$ such that the mixed Hodge structure on $H_2(Y \setminus D)$ is split. We prove that (1) the action of the automorphism group of $(Y_e,D_e)$ on its nef effective cone admits a rational polyhedral fundamental domain; and (2) the action of the monodromy group on the nef effective cone of a very general surface in the deformation type admits a rational polyhedral fundamental domain. These statements can be viewed as versions of the Morrison cone conjecture for log Calabi–Yau surfaces. In addition, if the number of components of D is no greater than six, we show that the nef cone of $Y_e$ is rational polyhedral and describe it explicitly. This provides infinite series of new examples of Mori Dream Spaces.

Why does religion continue to emerge as a flashpoint in the age of secularization? Although models of religious resurgence suggest that religious cleavages are more prominent in the modern era, other models continue to show declining religious involvement. What is needed is a theory that can observe both resurgence and secularization at the same time. I argue that globalization—and the flow of people across borders, in particular—provokes a religious backlash at the societal level due to its secularizing effects. As the public is exposed to new and diverse religious traditions, religiosity declines; as a result, however, religious practitioners become more aggressive toward other religious groups. I test this theory using data on globalization, religious discrimination, and religious practice. I find that types of globalization dealing with the flow of people and information across borders have an outsize effect on societal religious discrimination, or SRD. This effect, however, is contingent on a decline in religious practice. This study suggests that religious resurgence can take place in secularizing environments, and that both resurgence and secularization share root causes.

This article interrogates an overlooked claim made by Mario Bauzá, that the impact of Latin American musics on a fundamental change in the rhythm of twentieth-century music has been written out of history. After presenting four original analytical definitions, a corpus analysis establishes that a transition occurred from swung-quaver, compound-metre, and crotchet ‘monorhythm’ to straight-quaver polyrhythm in US popular music, culminating in early 1960s rock ’n’ roll. Focusing on Paul Anka's ‘Diana’ and the style ‘rock-a-cha-cha’, a combination of music analysis and reception history demonstrates that Afro-Latin musics were the predominant influence on the rhythmic transformation – which was erased by rock historians, influenced by three factors. This impact of Latin American music and migration is theorized in terms of cosmopolitanism. The article concludes that the impact of Latin American music on the United States is not a superficial ‘tinge’: it prompted a paradigm shift in the rhythm of twentieth-century music.

High-quality intergenerational relationships positively influence cognitive functioning in older parents. However, there is insufficient information on how they shape the trajectories of mothers’ and fathers’ cognitive functioning decline in multi-child families, owing to the complexity of intergenerational relationships, such as multi-dimensional and ambivalent natures and differences varying across children. Drawing on three waves of data (2014, 2016 and 2018) from a nationally representative survey – the China Longitudinal Ageing Social Survey (N = 9,404) – we used the k-means clustering method to discern patterns of intergenerational relationships in multi-child Chinese families, as well as the growth curve models, to examine the associations between parent–child relationship types and the trajectories of older parents’ cognitive functioning. Five types of intergenerational relationship were identified: alienated, stressfully interacting, independent, beneficially interacting and tight-knit. We then investigated the associations between trajectories of cognitive functioning and the most distant type, the closest type, and the heterogeneity of parent–child relationships across multiple children. The most distant parent–child relationship was significantly related to cognitive functioning trajectories with the alienated (tight-knit) type associated with the lowest (highest) levels of cognitive functioning and the fastest (slowest) cognitive decline. However, the closest parent–child relationship was not significantly related to cognitive functioning trajectories. Moreover, greater variation in relationships with multiple children was correlated with lower levels of cognitive functioning and faster cognitive functioning decline. These associations were stronger among mothers than fathers. This study provides new insights into the potentially protective role of intergenerational relationships in older parents’ cognitive functioning and their gendered differences.

In this article Dr Lumb refers to the choice of the phrase “Commonwealth of Australia” to designate the new federal body politic established on the Australian continent and surrounding islands by the Constitution Act. He then attempts to show how the term “Commonwealth” appearing alone or in association with other words is used in different ways. He identifies an “instrumental” usage pursuant to which the term is understood as applying to the federal instruments of government, and an “organic” usage under which the term is used to refer to the Australian body politic or community. This ambiguous usage has had a considerable impact on judicial interpretation of the “federal balance” as is to be seen from the Australian Assistance Plan Case. The specific problems of the Territories as “parts of the Commonwealth” are examined in the context of the relationship between relevant sections of Chapter VI and earlier Chapters of the Constitution and some opinions are expressed on the sources of constitutional power relating to the Territories.

Mr Murray-Jones is concerned to re-examin,e the rules which have developed with respect to the interpretation of s. 109 of the Constitution. He looks first at the “cover-the-field” test enunciated by Isaacs J. and its subsequent application by the High Court. He moves on to discuss a second test propounded by Dixon J. which would strike down State laws which altered, detracted or impaired the operation of a Commonwealth law. These tests are, of themselves, insufficient to meet the difficulties and a number of subsidiary tests for direct inconsistency, some of doubtful validity, are critically scrutinized. The position seems clear when the conclusion can be reached that the Commonwealth intended to provide a single, nation-wide code to regulate a particular area. When criminal proceedings for an offence which contravenes both State and Commonwealth law are considered, complications with respect to differing offences and penalties can frequently arise and the author concludes that the difficulties still require satisfactory resolution. One suggestion is that the CourtS' should more clearly articulate the various factors }vhich they take into account when reaching th,eir decisions.

The Administrative Appeals Tribunal (the AAT), which was established by the Administrative Appeals Tribunal Act 1975 (Cth) (the AAT Act), has now been functioning for more than 16 years. From very modest beginnings (see the 25 jurisdictions conferred pursuant to the Schedule to the original AAT Act), the Tribunal has had conferred upon it an increasingly wide range of review jurisdictions (presently in excess of 240), encompassing major areas of governmental decision-making.

The last two decades have witnessed a colossal struggle between the government and the courts over judicial supervision of executive decisions with respect to migration. The struggle culminated in February 2003 with the High Court decision in Plaintiff S157/2002 v Commonwealth concerning the privative clause in the Migration Act 1958 (Cth) (‘the Act’). While upholding its constitutional validity, the Court rendered the privative clause effectively redundant by ruling it incapable of protecting decisions involving jurisdictional error.