Human rights in Australia
Subtitle: looking forward, looking back
By: Anthony Gray
Publisher: VDM, Verlag Dr. Müller
Published: 2009
Place of publication: Saarbrücken
Language: eng
Number of pages: 132
ISBN-13: 9783639159608
Subjects: Human rights; Civil rights; Constitutional law
Description: "The current human rights debate in Australia is a long-standing one, in the context of one of the few countries without an express bill of rights. This book discussses historical aspects of rights protection, including Diceyan concepts of parliamentary supremacy and the rule of law, before considering historical support for limits to the power of Parliament. The book discusses theoretical justifications for the power of judges to declare laws inconsistent with human rights to be invalid, including social contract theory and modern versions of democracy. In this context, comtemporary human rights issues are then considered. These include the recent laws allowing groups to be outlawed based on a politician's declaration, laws that limit the right of an accused person to jury trial, both at the national and regional level, laws that restrict voting rights, laws that restrict the ability of a person to work in different regions within Australia, and laws that allow a person to be detained based on an assessment of their future risk to society. Deficiencies in rights protection in Australia are identified and possible solutions suggested"--Provided by publisher.
Notes: Includes bibliographical references.
Table of contents: title: The common law and the Australian Constitution as protectors of rights; title: The compatibility of 'Bikie' laws with fundamental human rights; title: The guaranteed right to vote in Australia; title: Mockery and the right to trial by jury; title: A guaranteed right to trial by jury at state level?; title: The right to work in a particular states; title: Standard of proof, unpredictable behavior and the High Court of Australia's judgement on preventive detention laws.