Law

The Centre for Independent Studies’ work in law has examined constitutional issues, property rights, and the undermining of civil liberties.

We believe that the rule of law is one of the foundation stones of a free and prosperous society.

Featured Publication

Publications

Investor-State Arbitration and the Rule of Law: Debunking the Myths
Patrick Carvalho
13 April 2016 | Research Report 13

Investor-State Dispute Settlement (ISDS) is a legal provision in international agreements that enables foreign investors to take host states to an arbitral tribunal for alleged treaty breaches. The goal of investor-state arbitration is to provide a de-politicised, unbiased and law-based adjudication forum to guarantee the…

Hallowed Institutions: Religion and The Roots of Liberty and Prosperity
Peter Kurti
12 February 2016 | OP144

God appears to be resurgent in 21st century societies around the world. As our awareness of the claims made by religion becomes more acute, it is ever more important to understand those claims as well as the challenges and contributions religious belief has made, and…

The Madness of Australian Child Protection: Why Adoption Will Rescue Australia's Underclass Children
Jeremy Sammut
11 November 2015 | Connorcourt Publishing

Why are Australian children abused and neglected in plain sight of the child welfare authorities supposed to protect them? This passionate account of a flawed system argues that the crisis besetting child protection regimes nation-wide will not end until the taboo on the use of…

The Enlightenment Made Us
Nick Cater
23 October 2014 | OP136

Nick Cater examines the Enlightenment ideals that helped shape our uniquely Australian culture. He argues that with a focus on progress and practicality, ‘the great southern continent’s primitive landscape would be a laboratory for the Enlightenment’s bold experiment of applied science’. Unlike America, with its…

The Age of Endarkenment
Brendan O'Neill, Nick Cater
23 October 2014 | OP137

Humans have never had it so good. We are wealthier, happier and more comfortable than any previous generation thanks to the march of science and technology. So why have we become so gloomy about the modern world and so pessimistic about the future? Why have…

Media & Commentary

Capitalism in South Africa
Helen Andrews
19 February 2016 | Ideas@TheCentre

The picture at right is the view from the Johannesburg office tower the Carlton Centre, known as ‘the Top of Africa’ because it is the tallest building on the continent,…

NSW: racists welcome
Peter Kurti
12 September 2015 | The Spectator

Ismail Alwahwah The failure of NSW authorities to prosecute the Australian head of Hizb ut-Tahrir who called for deadly violence against Jews, means anyone is now free to call for…

We decide
Peter Kurti
14 August 2015 | Ideas@TheCentre

The issue of marriage equality will now be put to the country at the next election, rather than a plebiscite before then. And this is exactly what should happen. While…

Citizenship and the Rule of Law
Barry Maley
12 June 2015 | ideas@TheCentre

The hideous 30 Years War in the 17th century ended with the Treaty of Westphalia in 1648; a treaty that, despite some lack of  clarity, established the notion of ‘nation’…

MEDIA RELEASE: SA Coroner recommendations prove child protection policy due for a change
10 April 2015

The recommendations of the SA Coroner, particularly concerning the need to increase the use of adoption, are very welcome, says child protection researcher Dr Jeremy Sammut. The Centre for Independent…