Description : In 1967, Australians voted overwhelmingly in favor of removing from the Constitution two references that discriminated against Aboriginal and Torres Strait Islander people. Though these seemed like small amendments, they were an impetus for real change: from terra nullius to land rights, and from assimilation to self-determination. Nearly 50 years later, there is a groundswell of support for our Indigenous heritage to be formally recognized in the Constitution. With the prospect of a new referendum in the near future, Frank Brennan considers how far Australians have come—and yet how much work lies ahead. He looks through the prism of history to examine what we can learn from our successes and failures since 1967, from the efforts of the Council of Aboriginal Affairs to the Gove land rights case and the Aboriginal Tent Embassy. He also assesses the way forward: how the upcoming referendum might provide fresh momentum for governments and Indigenous Australians to negotiate better outcomes. Written by one of the most respected commentators on legal and human rights issues, this book makes a vital contribution to the understanding of Indigenous affairs. It will generate crucial debate on how Australians should acknowledge the history that for too long has gone unrecognized
Description : This new edition of Retreat from Injustice has the strengths and style of its predecessor: the account of human rights in Australia is firmly grounded in historical and international contexts; the availability and limitations of rights and freedoms are clearly detailed and illustrated with cases; and a particular spotlight is placed on key current human rights issues including terrorism, indigenous issues and asylum seekers.
Description : The seminar for which the papers in this publication were prepared was the first in a series of workshops intended to link senior public policy researchers from around the Pacific Rim in order to open up channels of communication through which researchers from Asia Pacific nations can exchange views on problems and reforms in the area of governance and public sector management. Paper titles include: The Changing Shape of Government in the Asia-Pacific Region; Korean Politics in a Period of Transition; The Unfinished Political Reforms of the Hong Kong Government; Demi-democracy: Thai Politics and Government in Transition; Government and Governance in Multi-Racial Malaysia; Controlled Democracy, Political Stability and PAP Predominance: Government in Singapore; Entrenched "Strong Man" Rule: The Governmental System in Bangladesh; Australian National Government, 1987; Toward More Effective Government in the US; and, Some Issues of Governance in Canada.
Description : " There have been times when Australian court judgments have held enormous weight in courts throughout the world, certainly throughout the Commonwealth. Owen Dixon's High Court in the 1950s and Anthony Mason's High Court in the 1980s are examples. If there were an Olympic record for teams of judges - and why not since they have Olympic medals for tae kwon do and beach volleyball - the Mason court would have won gold year after year. The quality of its jurisprudence was the best in the world" - Geoffrey Robertson QC, Sydney Morning Herald, 30th August 2007.This book comprises a selection of articles and speeches by Sir Anthony Mason written and delivered when he was a Justice and later Chief Justice of the High Court of Australia and after his retirement from that Court in 1995. It demonstrates his long standing interest in the judicial process and his desire to communicate to the legal world and the public a more enlightened understanding of the proper scope of judicial law-making and the responsibility of judges for adapting the law to the changing conditions in society. It also displays his acknowledged mastery of public and private law and his belief in the growing significance of international and comparative law in the development of Australian law. The book contains some important speeches and articles on constitutional and administrative law, international law, human rights, equity and contract, the High Court, judicial administration, advocacy, a significant media interview, a State of the Judicature report delivered as the Chief Justice of Australia and his swearing in speeches when appointed as a Justice and later Chief Justice of the High Court. Some of the selected speeches display Sir Anthony's characteristic wit. The book deals with highly topical subjects such as whether Australia should adopt a bill of rights, the health of Australia's democratic institutions, the establishment of an Australian republic, globalization and the decline of parliamentary and national sovereignty. The articles and speeches were chosen and edited by Professor Geoffrey Lindell in consultation with Sir Anthony.
Description : In this book legal commentator George Williams argues that more can be done to protect the fundamental rights of the Australian people. He looks at the limited rights Australians do have, and at the arguments for and against a Bill of Rights. Adopting a fresh approach to the problem, he lays out a pragmatic and achievable way for Australian parliaments to work with the community to better protect individual liberty from potential government interference.
Description : The role of the High Court in interpreting the Constitution to protect human rights raises issues that go to the core of Australian democracy. Human Rights under the Australian Constitution is a thorough and accessible work that explores the decisions of the High Court on express and impliedconstitutional rights, as well as underlying themes of constitutional interpretation.The work of the High Court is placed is context. The drafting of the Australian Constitution is examined, as is the role of the common law, statute law, and international law. There is also a focus on international instruments, such as International Covenant on Civil and Political Rights 1996,and on comparative law, such as the Canadian Charter of Rights and Freedoms and the United States Bill of Rights. The potential constitutional or statutory reform to produce an Australian Bill of Rights is explored in the final chapter. Human Rights under the Australian Constitution is a majorcontribution to scholarship on human rights and constitutional law in Australia. Practitioners, students, and teachers in the fields of constitutional law, human rights law, and political science will find this book a comprehensive and thoughtful treatment of this area of the law and itsrelationship to Australian political culture.