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Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2019
Category : Constitutional law
ISBN : 1509919856
Author : Tom Campbell,Keith D. Ewing,Adam Tomkins
Publisher : OUP Oxford
Page : 548 pages
File Size : 51,6 Mb
Release : 2011
Category : Law
ISBN : 9780199606078
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 : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 2009
Category : Civil rights
ISBN : OCLC:516168111
Author : Jeffrey Goldsworthy,Tom Campbell,Adrienne Stone
Publisher : Routledge
Page : 323 pages
File Size : 44,5 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781351151221
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.
Author : Augusto Zimmermann,Joshua Forrester
Publisher : Unknown
Page : 444 pages
File Size : 45,6 Mb
Release : 2020-11-28
Category : Electronic
ISBN : 1922449377
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 : Russell Solomon
Publisher : Springer Nature
Page : 291 pages
File Size : 41,6 Mb
Release : 2021-04-01
Category : Political Science
ISBN : 9789811600333
This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
Author : Matthew Groves,Janina Boughey,Dan Meagher
Publisher : Bloomsbury Publishing
Page : 624 pages
File Size : 40,7 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509919840
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 : Carolyn Maree Evans
Publisher : Unknown
Page : 253 pages
File Size : 50,9 Mb
Release : 2012
Category : Law
ISBN : 1862878137
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 : Eileen Pittaway,Linda Bartolomei
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2017-02-22
Category : Electronic
ISBN : 0733436900
Author : Mary Crock,Laura Smith-Khan,Ron McCallum,Ben Saul
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 47,5 Mb
Release : 2017-08-25
Category : Law
ISBN : 9781786435446
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 : Virginia Morrison,Australian Copyright Council,Naomi Messenger
Publisher : Unknown
Page : 68 pages
File Size : 54,6 Mb
Release : 2002
Category : Copyright
ISBN : STANFORD:36105063200229
Examines moral rights, which are the personal rights that belong to creators in relation to their work.
Author : Australia. Copyright Law Review Committee
Publisher : Australian Government Publishing Service
Page : 148 pages
File Size : 53,9 Mb
Release : 1988
Category : Copyright
ISBN : STANFORD:36105044143407
The Committee was asked to consider whether legislative protection was needed for the 'moral rights' of authors and artists; and if so, what form such legislation should take. The Committee treated the reference broadly as referring to all literary, dramatic, musical and artistic works, as well as to other subject matter, in particular films and sound recordings.
Author : Erin O'Donnell
Publisher : Routledge
Page : 202 pages
File Size : 49,8 Mb
Release : 2018-10-17
Category : Law
ISBN : 9780429889608
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Author : Sarah Joseph,Melissa Castan
Publisher : OUP Oxford
Page : 1042 pages
File Size : 40,7 Mb
Release : 2013-07-25
Category : Law
ISBN : 9780191650222
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 : Castan &. Gerber
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2021
Category : Electronic books
ISBN : 045524359X
Critical Perpsectives on Human Rights Law in Australia, Volume 2, complements and further explores key human rights issues facing Australia today. The contributors are many of the nation's leading and emerging experts in human rights, drawn from both legal and non-legal disciplines, and from varied backgrounds including universities, NGOs and the Australian Human Rights Commission. The authors outline and explore a collection of thought-provoking and controversial topics, presenting clear, articulate and engaging chapters that skilfully highlight both introductory ideas and in-depth critical a.