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Author: Matthew Groves Publisher: Bloomsbury Publishing ISBN: 1509919821 Category : Law Languages : en Pages : 503
Book Description
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Author: Tom Campbell Publisher: OUP Oxford ISBN: 0199606072 Category : Law Languages : en Pages : 548
Book Description
The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights. This group of twenty-four leading human rights scholars from around the world present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values.
Author: Augusto Zimmermann Publisher: ISBN: 9781922449375 Category : Languages : en Pages : 444
Book Description
CONTENTS 1. Introduction - Fundamental Rights in the Age of Covid-19 -- Augusto Zimmermann & Joshua Forrester 2. Reflecting upon the Costs of Lockdown -- Rex Ahdar 3. Politicians, the Press and "Skin in the Game" -- James Allan 4. An Analysis of Victoria's Public Health Emergency Laws -- Morgan Begg 5. Only the Australian People Can Clean up the Mess: A Call for People's Constitutional Review -- David Flint AM 6. Covid-19, Border Restrictions and Section 92 of the Australian Constitution -- Anthony Gray 7. Blurred Lines Between Freedom of Religion and Protection of Public Health in Covid-19 Era - Italy and Poland in Comparative Perspective -- Weronika Kudla & Grzegorz Jan Blicharz 8. The Dictatorship of the Health Bureaucracy: Governments Must Stop Telling Us What Is for Our Own Good -- Rocco Loiacono 9. The Role of the State in the Protection of Public Health: The Covid-19 Pandemic -- Gabriël A. Moens AM 10. Corona, Culture, Caesar and Christ -- Bill Muehlenberg 11. The Age of Covid-19: Protecting Rights Matter -- Monika Nagel 12. Molinism, Covid-19 and Human Responsibility -- Johnny M. Sakr 13. Interposition: Magistrates as Shields against Tyranny -- Steven Alan Samson 14. Destroying Liberty: Government by Decree -- William Wagner 15. The Virus of Governmental Oppression: How the Australian Ruling Elites are Jeopardising both Democracy and our Health -- Augusto Zimmermann
Author: Lisa Young (Barrister) Publisher: ISBN: 9780409342024 Category : Child abuse Languages : en Pages : 0
Book Description
The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016
Author: Paula Gerber Publisher: ISBN: 9780455229973 Category : Civil rights Languages : en Pages : 578
Book Description
A scholarly examination of the most important human rights issues facing Australia today. For scholars and practitioners, and who wish to increase their understanding, it provides timely and provocative perspectives on the law and policy regarding the application of human rights standards in Australia. Authors from Monash University.
Author: Carolyn Maree Evans Publisher: ISBN: 9781862878136 Category : Law Languages : en Pages : 253
Book Description
The role and place of religion in Australia has become more contested and controversial in recent years. This important new book examines the extent to which religious freedom is protected in Australian law and explores some of the many ways in which the law and religion intersect. Through a series of case studies, Evans demonstrates the complex nature of the regulation of religion and the difficulties in reconciling competing claims from those who argue that religion is under attack and those who argue that religion is given too much power to undermine the rights of others. In a balanced and insightful manner, Evans explains the legal dimension to issues such as the religious vilification laws, the extent to which religious organizations are bound by discrimination laws, and the use of oaths in courtrooms. Evans brings together into a single volume, a wealth of information and insight that will appeal both to professional who need to deal with religious issues in a legal context and also the reader who is interested in the role of religion in Australian law and society.
Author: Matthew Groves Publisher: Bloomsbury Publishing ISBN: 1509919821 Category : Law Languages : en Pages : 503
Book Description
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
Author: Mary Crock Publisher: Edward Elgar Publishing ISBN: 1786435446 Category : Law Languages : en Pages : 290
Book Description
This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.
Author: Sarah Joseph Publisher: OUP Oxford ISBN: 0191650234 Category : Law Languages : en Pages : 1042
Book Description
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author: N. Foster Publisher: ISBN: 9780409342833 Category : Civil law Languages : en Pages : 0
Book Description
Workplace Health and Safety Law in Australia provides an introduction to the law of workplace health and safety in Australia, and offers clear concise commentary on all aspects of related civil and criminal law. The book sets out the wide range of legal obligations employers and managers must understand to provide a safe and compliant workplace, including discussion of the contract of employment, common law obligations, workers' compensation law, anti-discrimination legislation and the statutory workplace safety law. This revised edition incorporates a thorough discussion of the state of the law since the introduction of harmonised legislation around Australia, including reference to the latest cases. It is an invaluable resource for business and law students, legal professionals and senior business managers alike. Features Written by an academic for a student market No prior legal background required Reader friendly with tables and chart Online updates of chapters to keep up with current legislation in OHS Related Titles Kennedy, Work Health and Safety: What You Need to Know, 2012Pittard & Naughton, Australian Labour and Employment Law, 2015
Author: Matthew Groves
Author: Tom Campbell
Author: Augusto Zimmermann
Author: Lisa Young (Barrister)
Author: Paula Gerber
Author: Carolyn Maree Evans
Author: Matthew Groves
Author: Eileen Pittaway
Author: Mary Crock
Author: Sarah Joseph
Author: N. Foster