Bills of Rights in Australia


Book Description

"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


Book Description

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


Book Description

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.




The Constitution of the Commonwealth of Australia


Book Description

This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.




Australia and the Birth of the International Bill of Human Rights, 1946-1966


Book Description

Australia and the Birth of the International Bill of Human Rights provides the first in depth examination of Australia's first reactions to 'international human rights' during the negotiations for the International Bill of Rights: the Universal Declaration of Human Rights, the ICCPR and ICESCR. It follows Australian policy from 1946, the first year in which the United Nations began discussing a Bill of Rights until 1966 when the twin Covenants were finalized. The book looks at what successive Australian Governments understood by 'human rights' and how they responded to discussion of sensitive domestic topics such as: immigration policies self-determination for inhabitants of trust territories equal pay for men and women and balancing human rights and national security. As well as considering Australian policies towards substantive rights, the book looks at Australian policies towards international schemes for protecting rights including early proposals for an International Court of Human Rights and its later support for more modest, technical expertise based assistance for States, debates often taking place against the background of highly politicised issues such as the Cold War and the fight against apartheid. In looking at this 20 year period, the book demonstrates the way in which Australian policy changed substantially over time: as between Labor and Liberal administrations, between Ministers and bureaucrats and as between decision makers with markedly distinct visions of the ideal relationship between citizens and a State, and the individual State and the international community. In highlighting the diversity of views about human rights, this book thus challenges the notion that Australia has historically supported a universally understood set of human rights norms and underlines the number of variables which may be affecting ongoing implementation of human rights standards.




Legislating Liberty


Book Description

No Marketing Blurb




Freedom of Religion Under Bills of Rights


Book Description

"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




A Bill of Rights for Australia


Book Description

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.




A New Constitution for Australia


Book Description

First published in 2002. The last hundred years have seen many social changes in Australia. The many shortcomings in Australias Constitution have been exposed,leading to the current debate on an Australian republic.