Freedom of Religion Under Bills of Rights

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Author :
Publisher : University of Adelaide Press
ISBN 13 : 098717181X
Total Pages : 466 pages
Book Rating : 4.9/5 (871 download)

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Book Synopsis Freedom of Religion Under Bills of Rights by : Paul Babie

Download or read book Freedom of Religion Under Bills of Rights written by Paul Babie and published by University of Adelaide Press. This book was released on 2012 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Protecting Rights Without a Bill of Rights

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Author :
Publisher : Routledge
ISBN 13 : 1351151223
Total Pages : 323 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Protecting Rights Without a Bill of Rights by : Jeffrey Goldsworthy

Download or read book Protecting Rights Without a Bill of Rights written by Jeffrey Goldsworthy and published by Routledge. This book was released on 2017-11-30 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.

Bills of Rights in Australia

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Author :
Publisher : UNSW Press
ISBN 13 : 1921410175
Total Pages : 249 pages
Book Rating : 4.9/5 (214 download)

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Book Synopsis Bills of Rights in Australia by : Andrew Byrnes

Download or read book Bills of Rights in Australia written by Andrew Byrnes and published by UNSW Press. This book was released on 2009 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australia is often cited as the only Western nation without a bill of rights. While this remains true at a national level, the states and territories have recently taken the running on developing local bills of rights. The ACT adopted a Human Rights Act in July 2004 and in 2006. Victoria enacted a Charter of Human Rights and Responsibilities in January 2007. Tasmania has now moved formally to consider similar legislation. And Western Australia, Queensland and New South Wales also seem likely to take this course. This book examines the significance and ramifications of these radical developments. It is the first to offer a comprehensive examination of this new form of legislation in Australia"--Provided by publisher.

Hate Speech and Freedom of Speech in Australia

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Author :
Publisher : Federation Press
ISBN 13 : 9781862876538
Total Pages : 260 pages
Book Rating : 4.8/5 (765 download)

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Book Synopsis Hate Speech and Freedom of Speech in Australia by : Katharine Gelber

Download or read book Hate Speech and Freedom of Speech in Australia written by Katharine Gelber and published by Federation Press. This book was released on 2007 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate speech laws have existed in various forms in Australia for well over a decade. Unlike other countries, such as the United States and Canada, they have not faced constitutional hurdles to their existence. The general acceptance of hate speech laws in Australia opens intellectual space for the exploration of a range of interesting questions regarding the laws' operation, the underlying values they pursue and the context within which hate speech is occurring. How should the regulation of hate speech be balanced against Australia's political and cultural commitment to freedom of speech? Who are the hate speakers and how does their speech manifest? What types of hate speech are targeted by existing laws? How are these laws enforced? How can the laws be changed to improve governments' response to hate speech? How does the emergence of bills of rights affect the regulation of hate speech? Drawing on a broad range of academic and practical experts, this book addresses these questions. The essays in first part of this book outline the landscape within which hate speech regulation occurs. They include consideration of the legal, policy and historical context for vilification, the ways in which the language of hatred is changing, and a new look at the longstanding debate about the tension between freedom of speech and hate speech as a conflict between liberty and equality. In part two, the book considers the practice of hate speech regulation in a variety of Australian institutions and includes practical perspectives from the legal profession. In the final part the essays consider hate speech regulation within a broader human rights framework, taking into account the emergence of bills of rights in Australian states.

A Bill of Rights for Australia

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Author :
Publisher : UNSW Press
ISBN 13 : 9780868406107
Total Pages : 66 pages
Book Rating : 4.4/5 (61 download)

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Book Synopsis A Bill of Rights for Australia by : George Williams

Download or read book A Bill of Rights for Australia written by George Williams and published by UNSW Press. This book was released on 2000 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using overseas examples, and taking account of Australia's international treaty obligations, George Williams sets out a novel plan for extending the legal protection for human rights in Australia.

The Politics of Human Rights in Australia

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Author :
Publisher :
ISBN 13 : 0511590318
Total Pages : 287 pages
Book Rating : 4.5/5 (115 download)

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Book Synopsis The Politics of Human Rights in Australia by : Louise Chappell

Download or read book The Politics of Human Rights in Australia written by Louise Chappell and published by . This book was released on 2009-09-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the key debates surrounding human rights in Australia: Should Australia adopt a bill of rights in an 'age of terror'? How well protected are workers' rights? The Politics of Human Rights in Australia shows that Australians enjoy only a loose and incomplete safety net of rights protection.

The Bill of Rights

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Author :
Publisher : Simon and Schuster
ISBN 13 : 1476743819
Total Pages : 272 pages
Book Rating : 4.4/5 (767 download)

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Book Synopsis The Bill of Rights by : Carol Berkin

Download or read book The Bill of Rights written by Carol Berkin and published by Simon and Schuster. This book was released on 2015-05-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Narrative, celebratory history at its purest” (Publishers Weekly)—the real story of how the Bill of Rights came to be: a vivid account of political strategy, big egos, and the partisan interests that set the terms of the ongoing contest between the federal government and the states. Those who argue that the Bill of Rights reflects the founding fathers’ “original intent” are wrong. The Bill of Rights was actually a brilliant political act executed by James Madison to preserve the Constitution, the federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the founders’ fight over the Bill of Rights comes alive in a drama full of partisanship, clashing egos, and cunning manipulation. In 1789, the nation faced a great divide around a question still unanswered today: should broad power and authority reside in the federal government or should it reside in state governments? The Bill of Rights, from protecting religious freedom to the people’s right to bear arms, was a political ploy first and a matter of principle second. The truth of how and why Madison came to devise this plan, the debates it caused in the Congress, and its ultimate success is more engrossing than any of the myths that shroud our national beginnings. The debate over the Bill of Rights still continues through many Supreme Court decisions. By pulling back the curtain on the short-sighted and self-interested intentions of the founding fathers, Berkin reveals the anxiety many felt that the new federal government might not survive—and shows that the true “original intent” of the Bill of Rights was simply to oppose the Antifederalists who hoped to diminish the government’s powers. This book is “a highly readable American history lesson that provides a deeper understanding of the Bill of Rights, the fears that generated it, and the miracle of the amendments” (Kirkus Reviews).

National Human Rights Consultation Report

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (516 download)

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Book Synopsis National Human Rights Consultation Report by :

Download or read book National Human Rights Consultation Report written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Apprehended Violence Orders

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Author :
Publisher :
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Apprehended Violence Orders by : New South Wales. Law Reform Commission

Download or read book Apprehended Violence Orders written by New South Wales. Law Reform Commission and published by . This book was released on 2003 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Australian Senate Practice

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Publisher :
ISBN 13 :
Total Pages : 650 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Australian Senate Practice by : Australia. Parliament. Senate

Download or read book Australian Senate Practice written by Australia. Parliament. Senate and published by . This book was released on 1973 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New Zealand Bill of Rights

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 908 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The New Zealand Bill of Rights by : Paul Rishworth

Download or read book The New Zealand Bill of Rights written by Paul Rishworth and published by Oxford University Press, USA. This book was released on 2003 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Bill of Rights is a comprehensive account of over a decade of jurisprudence under the New Zealand Bill of Rights Act 1990. The Book provides an indepth examination of the Act, covering such topics as the benefits and burdens of rights; principles of interpretation; impact on legislation and the legislative process; judical review; civil and political rights; the rights of persons subjected to criminal investigation and prosecution; trial procedures; powers of law enforcement; and remedies for breach. Combining descriptive, analytical and prognostic scholarship, the extensive detail of the New Zealand Bill of Rights marks it as a standard reference text for this important body of the New Zealand law.

From Dialogue to Disagreement in Comparative Rights Constitutionalism

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Author :
Publisher : Holt Prize
ISBN 13 : 9781760020675
Total Pages : 243 pages
Book Rating : 4.0/5 (26 download)

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Book Synopsis From Dialogue to Disagreement in Comparative Rights Constitutionalism by : Scott Stephenson

Download or read book From Dialogue to Disagreement in Comparative Rights Constitutionalism written by Scott Stephenson and published by Holt Prize. This book was released on 2016 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.

A Charter of Rights for Australia

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Author :
Publisher :
ISBN 13 : 9781525258572
Total Pages : 280 pages
Book Rating : 4.2/5 (585 download)

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Book Synopsis A Charter of Rights for Australia by : George Williams

Download or read book A Charter of Rights for Australia written by George Williams and published by . This book was released on 2017-08-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Australia does not have a bill or charter of rights, which means there is no comprehensive law that enshrines human rights in Australia - even though these laws are standard in the rest of the developed world. So what does this mean for the rights of Australian citizens? In this fully revised fourth edition of A Charter of Rights for Australia, George Williams and Daniel Reynolds show that human rights are not adequately protected in Australia, contrary to what many of us think. Using some pressing examples, they demonstrate how the rights of people at the margins of our society are violated in often shocking ways. Several states and territories have adopted their own charters of rights, or have a charter well underway. This book's argument that the time has come to adopt a charter at the federal level is more urgent than ever."

Australian Constitutional Landmarks

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Publisher : Cambridge University Press
ISBN 13 : 9781139450355
Total Pages : 476 pages
Book Rating : 4.4/5 (53 download)

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Book Synopsis Australian Constitutional Landmarks by : H. P. Lee

Download or read book Australian Constitutional Landmarks written by H. P. Lee and published by Cambridge University Press. This book was released on 2004-01-12 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Constitutional Landmarks presents the most significant cases and controversies in the Australian constitutional landscape up to its original publication in 2003. Including the Communist Party case, the dismissal of the Whitlam government, the Free Speech cases, a discussion of the race power, the Lionel Murphy saga, and the Tasmanian Dam case, this book highlights turning points in the shaping of the Australian nation since Federation. Each chapter clearly examines the legal and political context leading to the case or controversy and the impact on later constitutional reform. With contributions by leading constitutional lawyers and judges, as well as two former chief justices, this book will appeal to members of the judiciary, lawyers, political scientists, historians and people with a general interest in Australian politics, government and history.

Sports Law in Australia

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524758
Total Pages : 248 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Sports Law in Australia by : Andy Gibson

Download or read book Sports Law in Australia written by Andy Gibson and published by Kluwer Law International B.V.. This book was released on 2020-11-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Australia deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Conversations with the Constitution

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Author :
Publisher : UNSW Press
ISBN 13 : 9780868404394
Total Pages : 256 pages
Book Rating : 4.4/5 (43 download)

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Book Synopsis Conversations with the Constitution by : Gregory Craven

Download or read book Conversations with the Constitution written by Gregory Craven and published by UNSW Press. This book was released on 2004 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the bitter power struggles of the Australian constitution's forging, and paints the founding fathers as implausible heroes who managed a profound historical achievement. It talks about parliaments, courts, judges and ministers not just as colorless instruments of the Constitution, but as the walking wounded of political psychology; and it sheds light on today’s great constitutional controversies: Do we need a Bill of Rights? Can federalism work? How can parliament work better? Can we ever be a republic?

Promoting Human Rights Through Bills of Rights

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Author :
Publisher : Clarendon Press
ISBN 13 :
Total Pages : 594 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Promoting Human Rights Through Bills of Rights by : Philip Alston

Download or read book Promoting Human Rights Through Bills of Rights written by Philip Alston and published by Clarendon Press. This book was released on 1999 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a selection of case studies, this volume examines the consequences of international human rights treaty obligations at the national level.