Alysia Blackham

Reflexive change? A quantitative review of the impact of the Equality Act 2010 on age equality measures in organizations

This article considers the extent to which the Equality Act 2010 (EqA) represents a form of reflexive law, with a particular focus on provisions relating to age discrimination. I argue that the EqA may better reflect a form of command and control regulation, though it includes a number of reflexive elements. Drawing on data from the 2011 Workplace Employment Relations Study survey, I consider the extent to which the EqA has effected change in age-aware practices in UK organizations. I argue that the EqA has made limited progress in promoting age-aware activities in the United Kingdom, potentially reflecting the limitations of command and control regulation. Thus, I propose a number of reforms that may help to strengthen the reflexive aspects of the EqA.

Legitimacy and empirical evidence in the UK courts

ABSTRACT This article explores how UK courts and tribunals could and do use empirical evidence to build the legitimacy of legal institutions. Drawing on case studies from negligence and discrimination law, it argues that the approach to empirical evidence in the UK courts is largely typified by ad hoc, unprincipled, and unpredictable engagement. Strategies for laying stronger foundations to bridge these apparent disconnections between the courts and society, and for promoting the effective use of empirical evidence in the courts, are explored.

Using empirical research to advance workplace equality law scholarship: benefits, pitfalls and challenges

ABSTRACT Legal scholars are increasingly attuned to the substantial benefits that can be derived from empirical and socio-legal scholarship. While drawing on the knowledge of legal insiders – such as legal practitioners, judges or academics – to critique and evaluate the effectiveness of law and legal reform is an established means of empirically evaluating legal impact, this approach can be particularly problematic in relation to empirical equality research, as legal insiders are unlikely to be members of the under-represented groups that are the focus of equality regulation, and are instead more likely to represent the majoritarian status quo. Drawing on two empirical projects conducted in Australia and the UK, this paper considers the benefits, potential pitfalls and challenges of undertaking empirical equality research in the workplace. Using an insider / outsider lens to facilitate analysis, it canvasses existing gaps in empirical equality law scholarship and considers how future research could address these limitations.

The Accountability of Members of Australia's Federal Parliament for Misconduct

(2013). The Accountability of Members of Australias Federal Parliament for Misconduct. Oxford University Commonwealth Law Journal: Vol. 13, No. 1, pp. 115-156.

Australian Courts and Social Media

Social media, like Facebook and Twitter, are now pervasive in many sectors of Australian society. However, Australia’s courts are generally taking a cautious approach to using this technology to enhance and complement their processes. Where courts have used social media, it has generally been in the context of regulating its use by others (for example, by limiting journalists’ live tweeting of court cases or juries’ use of extraneous social media ‘research’) rather than considering how they might make active use of social media themselves. In this article, we examine the extent to which Australian courts are using social media. We consider the opportunities and challenges posed by such media for courts and assess the extent to which they could make greater use of the technology.

The Appointment of Ministers from Outside of Parliament

Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australias constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australias various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.