Law Making and Human Rights - Book

Law Making and Human Rights - Book

By Julie Debeljak, Laura Grenfell


$182.00 RRP

Date: 03/02/2020

Code: 9780455242835

Lawbook Co., AUSTRALIA

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Book Law Making and Human Rights - Book 03/02/2020 9780455242835 $182.00 Add to cart


Australia is unique across Western nations in not protecting human rights through a bill of rights which allows judges to review the decisions of government and parliament against human rights considerations, and to invalidate those decisions which violate human rights standards. Instead, Australian jurisdictions predominately rely on the government and parliament to self-regulate their human rights performance and rely on voters to show their support or disapproval of government and parliamentary decisions impacting on human rights at periodic elections. 

This collection focuses on how governments and parliaments self-regulate when making laws, with a focus on human rights scrutiny in upstream and downstream law-making practices and processes. The practice of human rights scrutiny across Australian jurisdictions is diverse, and the differing systems produce varying results in terms of rights-respecting laws. Despite this divergence, the aim of law making across Australian jurisdictions ought to be the same: accountability for and transparency about the impact on human rights of the laws that are enacted; and the development and infusion of a culture of justification for any and all human rights consequences of enacted laws. The chapters in this collection offer insightful, analytical, astute and critical perspectives on how the processes and practices are operating and how they can be reformed to achieve better accountability, transparency and justification.


Table of Contents

Part I: Australia’s Federal Statutory Human Rights Instrument for Law Making
1. Diverse Australian Landscapes of Law Making and Human Rights
    Julie Debeljak, Laura Grenfell
2. Human Rights Scrutiny in the Federal Parliament: Smokescreen or Democratic Solution?
    Adam Fletcher
3. Evaluating the Impact of Australia’s Federal Human Rights Scrutiny Regime
    Daniel Reynolds, George Williams
4. Allowing for Dissent: Opening up Human Rights Dialogue in the Australian Parliament
    Simon Rice
5. Economic and Social Rights in the Australian Parliamentary Human Rights Scrutiny Process
     Andrew Byrnes
Part II: Statutory Human Rights Instruments in the Australian Capital Territory, Victoria, New Zealand and the United Kingdom
6. Human Rights Scrutiny under the Human Rights Act 2004 (ACT)
    Helen Watchirs, Sean Costello, Renuka Thilagaratnam
7. Considering Human Rights in the Development of Legislation in Victoria
    Chris Humphreys, Jessica Cleaver, Catherine Roberts
8. Parliamentary Deliberation in the Operation of the Victorian Human Rights Charter
    Sharon Mo
9. Rights Dialogue where there is Disagreement under the Victorian Charter
    Julie Debeljak
10. Impact of the Victorian Charter upon Policy and Legislative Development
     Joanna Davidson
11. Rights-vetting under the New Zealand Bill of Rights Act 1990
      Paul Rishworth
12. Law Making in the Rights-Hostile Environment of the United Kingdom
      Merris Amos
Part III: Diverse Practice across Queensland, New South Wales, Western Australia, South Australia, Tasmania and the Northern Territory
13. Queensland: Rights Scrutiny in Context
      Charles Sampford
14. New South Wales: Insights into Influencing the Shape of Criminal Law Making
      Luke McNamara, Julia Quilter
15. Western Australia: The Case for more Formalised and Heightened Rights Protection
       Sarah Murray
16. South Australia: Ad Hoc and Unsystematic Rights Protection in Law Making
      Laura Grenfell
17. Tasmania: Time to Move Beyond the Smoke and Mirrors
       Rose Mackie, Anja Hilkemeijer
18. Northern Territory: Taking a Rights-Scrutiny Leap Forward and then Sliding Backwards
       Laura Grenfell
Part IV: Contemporary Issues in Law Making and Human Rights
19. Scrutiny of a Federal Cooperative Law
       Jeremy Gans
20. Influence of the Kable Principle on Human Rights in State Law-Making
      Anna Olijnyk
21. Urgent Law-Making and the Human Rights (Parliamentary Scrutiny) Act
      Shawn Rajanayagam
22. A Dual Scrutiny Mechanism for Australia’s Counter-Terrorism Law Landscape: The INSLM and the PJCIS
      Dominique Dalla-Pozza
23. Parliamentary Scrutiny and Insights for a First Nations Voice to Parliament
      Shireen Morris
24. Parliamentary Committees Facilitating Parliamentary Deliberation: A Case Study of Marriage Equality Reform
      Sarah Moulds
25. Future Directions for Engaging with Human Rights in Law Making
      Laura Grenfell, Julie Debeljak

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