Download or read book Why Australia Needs a Bill of Rights written by Lionel Murphy and published by . This book was released on 1974 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bills of Rights in Australia written by Andrew Byrnes and published by UNSW Press. This book was released on 2009 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australia is often cited as the only Western nation without a bill of rights. While this remains true at a national level, the states and territories have recently taken the running on developing local bills of rights. The ACT adopted a Human Rights Act in July 2004 and in 2006. Victoria enacted a Charter of Human Rights and Responsibilities in January 2007. Tasmania has now moved formally to consider similar legislation. And Western Australia, Queensland and New South Wales also seem likely to take this course. This book examines the significance and ramifications of these radical developments. It is the first to offer a comprehensive examination of this new form of legislation in Australia"--Provided by publisher.
Download or read book Protecting Rights Without a Bill of Rights written by Jeffrey Goldsworthy and published by Routledge. This book was released on 2017-11-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.
Download or read book Legislating Liberty written by Frank Brennan and published by University of Queensland Press(Australia). This book was released on 1998 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Marketing Blurb
Download or read book A Bill of Rights for Australia written by George Williams and published by UNSW Press. This book was released on 2000 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using overseas examples, and taking account of Australia's international treaty obligations, George Williams sets out a novel plan for extending the legal protection for human rights in Australia.
Download or read book Freedom of Religion Under Bills of Rights written by Paul Babie and published by University of Adelaide Press. This book was released on 2012 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
Download or read book Why an Australian Republic Needs a Bill of Rights written by Tony Maher and published by . This book was released on 2002 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why an Australian republic needs a bill of rights.
Download or read book Towards an Australian Bill of Rights written by Philip Alston and published by . This book was released on 1994 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Australia s First Bill of Rights written by Hilary Charlesworth and published by Law and Policy Paper. This book was released on 2006 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia's first bill of rights, the Australian Capital Territory's (ACT) Human Rights Act, came into force on 1 July 2004. This paper describes the background to that Act and its operation so far and considers its value as a model for improving the protection of human rights in Australia.The authors argue that the Act has had significant impact, although not necessarily in the ways that either its proponents or critics predicted. While legal practitioners do not yet use it regularly in the courts, it is already exerting considerable influence on the workings of government and the development of new laws and policies.The legislation has also revived Australian debates about bills of rights by providing a working model that allows legislatures to retain the final word about human rights protection.
Download or read book The Making of the Australian Constitution written by J. A. La Nauze and published by . This book was released on 1974 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legal Protection of Rights in Australia written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do you protect rights without a Bill of Rights? 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. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Download or read book Should the High Court or the Parliament determine the rights and freedoms of Australians written by Jan Henkel and published by GRIN Verlag. This book was released on 2006-05-11 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2004 in the subject Politics - Region: Australia, New Zealand, grade: credit (70/100), The University of Sydney (Faculty of Economics and Business), course: Australian Politics, language: English, abstract: It is known that in a democracy there are, in general, three different branches of the government: the legislative, the executive and the judicial branch. This essay explores the relative powers of the legislation and the judiciary in determining the freedoms and rights of modern days Australians. It specifically questions whether the High Court or the Parliament should determine the rights and freedoms of Australians. If you examine modern day theories of democracy, you will discover that the legislative branch of government is traditionally responsible for making law and the judiciary for interpreting law. These two bodies, as they are respectively known in Australia, are the Parliament and the High Court. Between these two bodies, an intimate relationship exists that inevitably leads to interpretive and political conflicts, namely because it is “the judge it is who must decide what the Act means” (Gifford, p.39). The main difficulty of this implicit conflict is a subjective determination concerning exactly where the power of the legislation, in our case the Parliament, ends and where the power of the judiciary, in our case the High Court, begins. In answering the main question of this essay, one must also address the relevant moral dimensions associated with this relationship. In adopting this methodology, I shall be able to decide which alternative is the better. Is it preferable if the High Court determines the rights and freedoms or should that be a task of the Parliament? First of all I think it is necessary to emphasize the roles of the Parliament and the High Court in the Australian democracy. For that I would like to have a look into the Constitution of Australia and mention the traditional duties of the legislation and the judiciary in the separation of powers. After that I am going to discuss which freedoms and liberties should be protected in the Australian democracy. Are there pre-existing implied rights that are not mentioned directly in the Constitution and how can those rights be protected? Furthermore, I want to discuss if it is possible to protect those rights despite the fact that they are not mentioned directly in the Constitution. I also want to analyze the arguments for and against judicial activism, as well the issues relating to excessive judicial authority.
Download or read book Apprehended Violence Orders written by New South Wales. Law Reform Commission and published by . This book was released on 2003 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Bill of Rights for Australia written by Brian Galligan and published by . This book was released on 1993 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Australian Senate Practice written by Australia. Parliament. Senate and published by . This book was released on 1973 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Charter of Rights for Australia written by George Williams and published by . This book was released on 2017-08-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australia does not have a bill or charter of rights, which means there is no comprehensive law that enshrines human rights in Australia - even though these laws are standard in the rest of the developed world. So what does this mean for the rights of Australian citizens? In this fully revised fourth edition of A Charter of Rights for Australia, George Williams and Daniel Reynolds show that human rights are not adequately protected in Australia, contrary to what many of us think. Using some pressing examples, they demonstrate how the rights of people at the margins of our society are violated in often shocking ways. Several states and territories have adopted their own charters of rights, or have a charter well underway. This book's argument that the time has come to adopt a charter at the federal level is more urgent than ever."
