The Legal Protection of Rights in Australia

Author:   Matthew Groves ,  Dr Janina Boughey ,  Professor Dan Meagher
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509919833


Pages:   504
Publication Date:   14 November 2019
Format:   Hardback
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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The Legal Protection of Rights in Australia


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Overview

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.

Full Product Details

Author:   Matthew Groves ,  Dr Janina Boughey ,  Professor Dan Meagher
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   1.038kg
ISBN:  

9781509919833


ISBN 10:   150991983
Pages:   504
Publication Date:   14 November 2019
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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Matthew Groves is Alfred Deakin Professor in the Law School of Deakin University, Australia. Janina Boughey is a Senior Lecturer in the University of New South Wales Faculty of Law, Australia. Dan Meagher is Professor and Chair in Constitutional Law in the Law School of Deakin University, Australia.

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