The Human Rights Enterprise in Australia and Internationally (eBook)

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Click here to see Chapter 13 - THE HUMAN RIGHTS OF ALIENS AND REFUGEES

Published: 22 December, 2023

Publisher: LexisNexis Australia

Product Format Details Qty
eBook: ePub
AUD$ 176.00
In Stock ISBN: 9780409359916
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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.

Summary of Contents

  • 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