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Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Cassidy, Julie 2008, Hollow avowals of human rights protection-time for an Australian federal bill of rights?, Deakin law review, vol. 13, no. 2, pp. 131-176.

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Title Hollow avowals of human rights protection-time for an Australian federal bill of rights?
Author(s) Cassidy, Julie
Journal name Deakin law review
Volume number 13
Issue number 2
Start page 131
End page 176
Publisher Deakin University
Place of publication Burwood, Vic.
Publication date 2008
ISSN 1321-3660
Keyword(s) political systems
human rights
amendmenst (parliamentary practice)
constitutional law
common law
Australia
Summary Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
HERDC collection year 2008
Copyright notice ©2008, The Author
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30017384

Document type: Journal Article
Collections: Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.