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.
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
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.
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.
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
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.
Human Rights under the Australian Constitution is the leading text on how the Australian Constitution protects human rights. It provides a comprehensive overview and analysis of the key public law principles, including the full range of express and implied rights in the Australian Constitution. It does this within a broader context, including the drafting and origins of the Australian Constitution and the interaction of constitutional principles with the common law, statute law and international law.
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
In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.
