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Joe McIntyre Profile picture
@Dr_Joe_McIntyre
Feb 1, 2020 • 5 tweets • 3 min read • Read on X
I have been thinking similar thoughts about what #SportsRort #RoboDebt
et al say about the decay of legality and an apparent abondonment of any aspiration of Rule of Law in our political class - and increasingly the public service #auspol #auslaw

theguardian.com/australia-news…
There seems to be a supine acceptance that major legal problems, but it is being assessed in solely political terms

The constitutional problems with #SportsRort are explicitly excluded from review
The administrative law issues (profound and incontrovertible) are ignored on the basis that no one is going to go to the trouble and expense given the restricted remedies available
It is not clear how to arrest this trend. A federal ICAC may be part of it, but it seems this creeping culture is deeper and (potentially) more corrosive than corruption/abuse of office.

Our system depends upon genuine commitment to RoL - & struggles when it is ignored
(see #Trump #impeachment )

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More from @Dr_Joe_McIntyre

Joe McIntyre Profile picture
Aug 7, 2021
A 🧵 on managing expectations in #academia #highereducation (from my own painfully learnt experiences)

#AcademicTwitter, I accidently deleted my earlier popular pinned thread. I thought it was a good excuse to repost, but with some further reflections (older/wiser?)
So here is the original thread:
threadreaderapp.com/thread/1309366…
These are tips that I wish I had learnt earlier - I hope they help a few of you struggling with the many demands of academic life in long, dragging #pandemic where academic life is increasingly under acute pressure and everything feels extra hard
Read 64 tweets
Joe McIntyre Profile picture
Sep 4, 2020
Pretty excited to see our piece on Courts and COVID - written with the awesome Anna Olijnyk and @KieranPender - out in the @AltLJ today.

Check out: "Civil courts and COVID-19: Challenges and opportunities in Australia"
journals.sagepub.com/doi/10.1177/10…
In the article we examine the pivots to remote hearings our courts have undertaken, and probe the issues of public law and good judicial administration that arise with this shift. We also flag the opportunities for future reform presented by this profound cultural shift Image
The changes in judicial practices in the last 6 months have been profound - and there are as many challenges ahead as there are opportunities that have been created. This is a needed conversation for all those with an interest in judicial studies, practice and administration. Image
Read 6 tweets
Joe McIntyre Profile picture
Sep 3, 2020
THREAD ON HIGHER ED: This wonderful article by Lynda Ng is a must read for anyone working in (or interested in) higher education in Australia. It exposes the fundamental misconceptions that have plauged the corporatisation of our Universites.

overland.org.au/2020/09/where-…
The basic problem is that the corporate drive to increase profitability fundamentally does not work given the not-for-profit nature of the sector.

More money flowed in, but that money cannot really go anywhere - except new buildings and increased executive pay 2/-
Under the corporate accounting model, building are assets. This is despite their limited capacity to generate income Image
Read 23 tweets
Joe McIntyre Profile picture
Aug 26, 2020
I look forward to hearing @AmeliaLoughland response to this - what a great thing for the work of young graduate to invite such a detailed response from leaders in empirical judicial studies t
This type of scholarship is still new in Australia, and we are still probing out the uses and limits of it. However, like all legal scholarship it should be discursive. The debate is enriched by disagreement and counter analysis
There appear to be methodological differences between the two studies- though this needs to be unpacked. It seems that most of the concern with loughland piece is that the sample was unrepresentative and that propositions went beyond the data.
Read 6 tweets
Joe McIntyre Profile picture
Aug 26, 2020
Absolute cracker of a post by @jessiedotkerr on judicial appointment and training - bringing a great comparative and conceptual perspective auspublaw.org/2020/08/turnin…
Important to reflect on just how dated this concept that advocacy provides all you need to be a judge now looks Image
As Kerr notes, "Competence in appearing before judges has, in other words, been taken as a substitute for competence to judge."
Read 7 tweets
Joe McIntyre Profile picture
Aug 11, 2020
Great #proudson moment today. My Dad is appearing in the @HighCourtofAus in the important native title case NLC v Quall - concerning native title, improper delegation and representative governance. Image
This cases has been a long fight for important principles of properly engaging traditional owners in decisions directly affecting their right.

See FCFCA decision here:

Northern Land Council v Quall [2019] FCAFC 77

austlii.edu.au/cgi-bin/viewdo…
And the first instance decision here:

Quall v Northern Land Council [2018] FCA 989

austlii.edu.au/cgi-bin/viewdo…

(for the true #auslaw nerds, the case materials are here: hcourt.gov.au/cases/case_d21…)
Read 4 tweets

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