9780754625582

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

by ; ;
  • ISBN13:

    9780754625582

  • ISBN10:

    0754625583

  • Format: Hardcover
  • Copyright: 2006-08-30
  • Publisher: Ashgate Pub Co

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Summary

Focusing on the protection of human rights in Australia, this volume includes international perspectives for the purpose of comparison and 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.

Table of Contents

Introduction
Institutional Performance: Australian exceptionalism: rights protection without a Bill of Rights
The performance of Australian legislatures in protecting rights
Improving legislative scrutiny of proposed laws to enhance basic rights, parliamentary democracy, and the quality of law-making
The performance of administrative law in protecting rights
Australia's constitutional rights and the problem of interpretive disagreement
Particular Human Rights Issues: Rights and citizenship in law and public discourse
Chained to the past: the psychological Terra Nullius of Australia's public institutions
Constitutional property rights in Australia: reconciling individual rights and the common good
International Perspectives: American judicial review in perspective
The unfulfilled promise of dialogic constitutionalism: judicial-legislative relationships under the Canadian Charter of Rights and Freedoms
Strategies for institutional reform: a modest (but robust) defence of statutory bills of rights
Australia's first Bill of Rights: the Australian Capital Territory's Human Rights Act
An Australian Rights Council
Human rights strategies: an Australian alternative
Table of Contents provided by Publisher. All Rights Reserved.

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