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Australian Charters of Rights A Decade On

Australian Charters of Rights A Decade On

Author: Matthew Groves; Colin Campbell
Publisher: The Federation Press
ISBN: 9781760021375
Published In: May 2017
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book examines the ACT Human Rights Act (2004) and the Victorian Charter of Human Rights and Responsibilities Act (2006). These two statutes are closely modelled on international bills and charters of rights but Australia's unique legal framework makes them quite distinct. This book examines how these two “Australian Charters” have operated in their first decade. It explains their strengths and limits, and what lessons they can provide for other Australian jurisdictions.

The book comprises two thematic parts. The first half explains the architecture of the two Australian Charters. What makes them distinct? What is their scope? How do they operate? The second half examines how the Australian Charters have been used by particular groups in society, such as prisoners, people with disability and women. Others show how the Charters have affected important social issues, such as freedom of expression and religious observance.

The authors are a wide range of judges, practitioners and leading scholars. They bring a knowledge of the theory and practice of workings of the Australian Charters that is essential to everyone concerned with our rights.

PART 1 – ARCHITECTURE OF THE CHARTERS

1. Interpreting the Effect of Our Charters

Matthew Groves

2. The Distinctive Features of Australia’s Human Rights Charters

George Williams

3. The Scope and Application of the Charters

Janina Boughey

4. Taking Stock of the Audit Power

Penelope Mathew

5. Charter Remedies

Mark Moshinsky

6. Using the Charter in Litigation