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An entrenched bill of rights : a protection for the rights of minorities

Arenson, Kenneth J. 2012, An entrenched bill of rights : a protection for the rights of minorities, James Cook University law review, no. 18, pp. 28-55.

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Title An entrenched bill of rights : a protection for the rights of minorities
Author(s) Arenson, Kenneth J.
Journal name James Cook University law review
Issue number 18
Start page 28
End page 55
Total pages 28
Publisher James Cook University, School of Law
Place of publication Townsville, Qld.
Publication date 2012
ISSN 1321-1072
1839-2792
Keyword(s) bill of rights
constitutional law
human rights
minorities
Summary This paper is concerned with the question of whether Australia would be better served by the inclusion of an entrenched Bill of Rights in the Constitution of the Commonwealth of Australia. In particular, attention will focus on the abuses of minorities that are all but certain to arise in any society that is based on majoritarian rule. This paper will also examine the question of whether an entrenched Bill of Rights would serve as an effective safeguard against such abuses, especially where the rights of unpopular minorities are involved. The analysis to follow is undertaken against the backdrop of the efficacy, or the lack thereof, of the Constitution of the United States in preventing such abuses, and particularly that portion of the American Constitution that is known as the Bill of Rights.
Notes Reproduced with the kind permission of the copyright owner.
Language eng
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2012, James Cook University, School of Law
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30050016

Document type: Journal Article
Collections: Faculty of Business and Law
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.