Protecting Rights Without a Bill of Rights: Institutional Performance and Reform in AustraliaDr Adrienne Stone, Professor Jeffrey Goldsworthy, Professor Tom D Campbell Ashgate Publishing, Ltd., 28. jan. 2013 - 358 strani 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. |
Vsebina
Australian Exceptionalism Rights Protection Without a Bill of Rights | 17 |
The Performance of Australian Legislatures in Protecting Rights | 41 |
Improving Legislative Scrutiny of Proposed Laws to Enhance Basic Rights Parliamentary Democracy and the Quality of LawMaking | 61 |
The Performance of Administrative Law in Protecting Rights | 101 |
Australias Constitutional Rights and the Problem of Interpretive Disagreement | 137 |
PARTICULAR HUMAN RIGHTS ISSUES | 159 |
Rights and Citizenship in Law and Public Discourse | 161 |
Chained to the Past The Psychological Terra Nullius of Australias Public Institutions | 175 |
American Judicial Review in Perspective | 225 |
The Unfulfilled Promise of Dialogic Constitutionalism JudicialLegislative Relationships under the Canadian Charter of Rights and Freedoms | 239 |
STRATEGIES FOR INSTITUTIONAL REFORM | 261 |
A Modest but Robust Defence of Statutory Bills of Rights | 263 |
Australias First Bill of Rights The Australian Capital Territorys Human Rights Act | 289 |
An Australian Rights Council | 305 |
Human Rights Strategies An Australian Alternative | 319 |
343 | |
Constitutional Property Rights in Australia Reconciling Individual Rights and the Common Good | 197 |
INTEMATIONAL PERSPECTIVES | 223 |
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