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Australian Charters of Rights A Decade On

Edited by: Matthew Groves, Colin Campbell

ISBN13: 9781760021375
Published: May 2017
Publisher: The Federation Press
Country of Publication: Australia
Format: Hardback
Price: £101.99



Despatched in 13 to 15 days.

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.

Subjects:
Other Jurisdictions , Australia
Contents:
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
Emrys Nekvapil

PART 2 – SPECIFIC APPLICATIONS
7. Freedom of Expression
Colin Campbell
8. Religious Freedom under the Victorian Charter of Rights
Nicholas Aroney, Joel Harrison and Paul Babie
9. The Approach of the Victorian Charter to Women’s Rights
Ronli Sifris
10. Charters and Disability
Rosemary Kayess and Belinda Smith
11. The Charter of Law and Order
Jeremy Gans
12. The Second Charters of Prisoners’ Rights
Matthew Groves
13. Privacy Rights and Charter Rights
Moira Paterson