Rights, Rhetoric and Reality : An Overview of Rights Protection in Australia / Matthew Groves, Janina Boughey and Dan Meagher -- Australia's Constitutional Design and the Protection of Human Rights / George Williams -- Chapter III of the Constitution and the Protection of Due Process Rights / Anthony Gray -- The High Court's Implied Rights Experiment / Tony Blackshield -- The Reception of International Law in Constitutional Litigation - The Al-Kateb Battle and its Aftermath / Adam Fletcher -- International Law, Administrative Powers and Human Rights : The Legacy of Teoh / Matthew Groves -- The Australian Human Rights Commission / Edward Santow -- The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) : A Failed Human Rights Experiment? / Lisa Burton Crawford -- The Nature and Limitations of Commonwealth Anti-Discrimination Law / Colin Campbell -- 'Culture, What Culture?' Why We Don't Know if the ACT Human Rights Act is Working / Simon Rice -- The Victorian Charter : A Slow Start or Fundamentally Flawed? / Janina Boughey -- International Human Rights Treaties and Institutions in the Protection of Human Rights in Australia / Madelaine Chiam -- The Recognition and Protection of Indigenous Rights / Edward Synot and Dylan Lino -- Federalism, Public Interest Advocacy and Marriage Equality in Australia / Gabrielle Appleby and Adam Webster -- Freedom of Religion / Nicholas Aroney and Benjamin B Saunders -- A Fair Trial for Accused Terrorists / Rebecca Ananian-Welsh -- A Search for Rights : Judicial and Administrative Responses to Migration and Refugee Cases / Emma Dunlop, Jane McAdam and Greg Weeks -- Proportionality and the New Postwar Juridical Paradigm : A Challenge to Australian Exceptionalism? / Shipra Chordia -- A Common Law Bill of Rights / Dan Meagher -- Against a Constitutional Bill of Rights in Australia / Jeffrey Goldsworthy -- Designing an Australian Bill of Rights : The Normative Trade-offs / Scott Stephenson.
Summary:
"Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position - that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection - to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.