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Bills of Rights in Australia

Bills of Rights in Australia
Author: Andrew Byrnes
Publisher: UNSW Press
Total Pages: 249
Release: 2009
Genre: History
ISBN: 1921410175

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"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.


Protecting Rights Without a Bill of Rights

Protecting Rights Without a Bill of Rights
Author: Jeffrey Goldsworthy
Publisher: Routledge
Total Pages: 323
Release: 2017-11-30
Genre: Law
ISBN: 1351151223

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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.


Australia's First Bill of Rights

Australia's First Bill of Rights
Author: Hilary Charlesworth
Publisher: Law and Policy Paper
Total Pages: 25
Release: 2006
Genre: Political Science
ISBN: 9781862875807

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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.


A Bill of Rights for Australia

A Bill of Rights for Australia
Author: George Williams
Publisher: UNSW Press
Total Pages: 66
Release: 2000
Genre: Civil rights
ISBN: 9780868406107

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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.


Legislating Liberty

Legislating Liberty
Author: Frank Brennan
Publisher: University of Queensland Press(Australia)
Total Pages: 232
Release: 1998
Genre: Fiction
ISBN:

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Freedom of Religion Under Bills of Rights

Freedom of Religion Under Bills of Rights
Author: Paul Babie
Publisher: University of Adelaide Press
Total Pages: 466
Release: 2012
Genre: Law
ISBN: 098717181X

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"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


Parliamentary Bills of Rights

Parliamentary Bills of Rights
Author: Janet L. Hiebert
Publisher: Cambridge University Press
Total Pages: 503
Release: 2015-01-29
Genre: Law
ISBN: 1316240673

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Both New Zealand and the United Kingdom challenge assumptions about how a bill of rights functions. Their parliamentary bills of rights constrain judicial review and also look to parliament to play a rights-protecting role. This arises from the requirement to inform parliament if legislative bills are not compatible with rights. But are these bills of rights operating in this proactive manner? Are governments encountering significantly stronger pressures to ensure legislation complies with rights? Are these bills of rights resulting in more reasoned deliberations in parliament about the justification of legislation from a rights perspective? Through extensive interviews with public officials and analysis of parliamentary debates where questions of compliance with rights arise (prisoner voting, parole and sentencing policy, counter-terrorism legislation, and same-sex marriage), this book argues that a serious gap exists between the promise of these bills of rights and the institutional variables that influence how these parliaments function.