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The Human Rights Enterprise in Australia and Internationally

The Human Rights Enterprise in Australia and Internationally

  • Author:
  • Publisher: LexisNexis Australia
  • ISBN: 9780409308617`
  • Published In: December 2008
  • Format: Paperback
  • Jurisdiction: Australia, International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 

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This book provides a wide-ranging analysis and critique of Australian law firmly rooted in the context of the broader international dimension. Drawing primarily on international law to identify the standards embodied in human rights, the author turns to domestic law to consider how those rights can be implemented, in practice, in Australia's own unique legal system. Many suggestions for changes in the law are made, including adoption of the rule of law as a constitutional implication.

· Roach v Electoral Commissioner and sequel 2007
· Haneef, Hamdan and Boumediene cases (US) and Thomas (Aust)
· Changes to refugee law migration act post-Howard
· Australian Bill of Rights Initiative
· ACT and Victorian Human Rights Acts
· The Civil Union Act 2008 (Vic) and Civil Partnerships Act (ACT) 2008
· The Sorry Statement
· Counter-terrorism law critique
· Recent Rudd government announcements, eg same sex, TPVs, support for indigenous declaration of rights

Important Features:

· Provides an Australian perspective that is firmly rooted in the international context.
· Broad coverage with detailed analysis of a wide-range of material.
· Key areas of controversy and debate are highlighted throughout the book to encourage critical thinking and class discussion.

· Human Rights - Major Themes
· Looking Ahead - Major Challenges
· Bills of Rights: What of Australia?
· The Constitution and Human Rights
· Legislation and Human Rights
· Equality, Dignity and Justice
· Discrimination I - Legislative History and Constitutional Issues
· Discrimination II - The Common Framework for Discrimination Legislation
· Discrimination III - Two Special Features of Discrimination Law
· Discrimination IV - Process, Remedies and Conclusions
· Making Rights Work Together (Including life, privacy, expression, work, welfare)
· The Human Rights of the Indigenous Peoples of Australia
· The Human Rights of Refugees and Other Non-Citizens
· A Human Rights Status for Sexuality
· Prisoners and Human Rights - Economic Rationalism, Globalisation and Human Rights

Peter Bailey is an Adjunct Professor at the Australian National University and was previously Deputy Chairman and full-time Chief Executive of the Commonwealth's Human Rights Commission.

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