Protecting Rights Without a Bill of Rights: Institutional Performance and Reform in Australia

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Dr 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.

 

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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
Index
343

Constitutional Property Rights in Australia Reconciling Individual Rights and the Common Good
197
INTEMATIONAL PERSPECTIVES
223

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O avtorju (2013)

Tom Campbell is a Professorial Fellow in the Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Australia, and a former Dean of the Faculty of Law, Australian National University, Australia. Jeffrey Goldsworthy is Professor of Law at Monash University, Australia. He specialises in constitutional law, history, and theory, and legal philosophy. He is joint Editor, with Tom Campbell of Legal Interpretation in Democratic States (Ashgate, 2002) and Judicial Power, Democracy and Legal Positivism (Ashgate, 2000). Adrienne Stone is a Fellow in the Law Program at the Research School of Social Sciences, Australian National University, Australia. She is interested in Australian and comparative constitutional law and theory, particularly in relation to freedom of speech. She is the author of many journal articles and book chapters.

Contributors: Jeffrey Goldsworthy, Brian Galligan F.L. (Ted) Morton, John Uhr, Bryan Horrigan, Robin Creyke, Adrienne Stone, Helen Irving, Megan Davis, Simon Evans, Robert Nagel, Christopher Manfredi, Jeremy Webber, Hilary Charlesworth, George Winterton, Tom Campbell.

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