Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.

Download or read book Rights Justice and Democracy in Australia written by Alastair Davidson and published by . This book was released on 1991 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Structured as a long introduction which scrutinises accompanying sets of documents, this book mounts a radical argument about the narrow case-book and rule-guided nature of the law. The authors contend that as a result dominant structures of power, money and influence become entrenched. Various legal and constitutional remedies are canvassed.

Download or read book Prisoners as Citizens written by David Brown and published by Federation Press. This book was released on 2002 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gives voice to a diverse range of viewpoints on the debate on prisoners' rights, with contributions from prisoners, human rights activists, academics, criminal justice policy makers and practitioners.

Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Download or read book Democracy Social Justice and the Role of Trade Unions written by Caroline Kelly and published by Anthem Press. This book was released on 2021-09-07 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade unions worldwide face a powerful paradox at this critical juncture: collective organisations for workers are urgently needed and yet there are serious pressures undercutting the legitimate role of trade unions. The aim of this book is to examine how trade unions can effectively navigate this deeply contradictory challenge. It is underpinned by the conviction that trade unions are – and should be – vital institutions for democracy and social justice. Written by leading scholars in industrial relations and labour law as well as those in political philosophy and political science, the collection tackles a range of pressing topics for trade unions including: the climate crisis; the COVID-19 pandemic; economic democracy; democracy within trade unions; precarious work; and election campaigns.

Download or read book The Politics of Human Rights in Australia written by Louise Chappell and published by . This book was released on 2009-09-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the key debates surrounding human rights in Australia: Should Australia adopt a bill of rights in an 'age of terror'? How well protected are workers' rights? The Politics of Human Rights in Australia shows that Australians enjoy only a loose and incomplete safety net of rights protection.

Download or read book Globalizing Democracy and Human Rights written by Carol C. Gould and published by Cambridge University Press. This book was released on 2004-08-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her new book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions.The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Accessibly written with a minimum of technical jargon this is a major new contribution to political philosophy.

Download or read book The Politics of Justice and Human Rights written by Anthony J. Langlois and published by Cambridge University Press. This book was released on 2001-10-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a major contribution to the theory and practice of human rights, engaging in particular with the "Asian values" debate. It is especially concerned with the tension between a universal regime of human rights and its ability to accommodate diversity. Incorporating original fieldwork from Malaysia, Singapore and Indonesia, the book also draws out the significance of Southeast Asian developments for international human rights discourse. It is likely to become a definitive account of political discussions of human rights in Southeast Asia and an important contribution to the development of human rights theory.

Download or read book Freedom in the World 2018 written by Freedom House and published by Rowman & Littlefield. This book was released on 2019-01-31 with total page 1265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

Download or read book Freedom of Expression and the Media written by Merris Amos and published by Martinus Nijhoff Publishers. This book was released on 2012-07-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.

Download or read book Our Rights Our Information written by and published by CHRI. This book was released on 2008 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

Download or read book Freedom in the World 2004 written by Aili Piano and published by Rowman & Littlefield. This book was released on 2004 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World contains both comparative ratings and written narratives and is now the standard reference work for measuring the progress and decline in political rights and civil liberties on a global basis.

Download or read book New Directions for Law in Australia written by Ron Levy and published by ANU Press. This book was released on 2017-09-22 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Download or read book Human Rights Horizons written by Richard A. Falk and published by Routledge. This book was released on 2002-09-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Rights Horizons, one of the world's foremost authorities on human rights and international relations maps out the way to a more just and human global society. Borders are being erased; democracy and capitalism are spreading. The world is rapidly changing, and these changes are opening the door for the promotion of human rights to become and integral part of worldwide politics and law.In his provocative new book, Falk discusses the borderline between the promotion of human rights and the promotion of interventionist and coercive diplomacy. Can the US and the UN find an acceptable balance between unnecessary, protracted violence (Somalia) and simply letting genocide spread (Rwanda)? While looking at specific cases, Falk also sheds important new light on non-Western attitudes toward human rights, the challenge of genocidal politics, the intersection of morality and global security, and the pursuit of international justice. Thoughtful and very accessibly written, Human Rights Horizons clearly presents a path to an original new humanitarian policy for the 21st century.

Download or read book The Rule of Law and the Separation of Powers written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Download or read book Military Courts Civil military Relations and the Legal Battle for Democracy written by Brett J. Kyle and published by . This book was released on 2020-12-23 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--