In 2010 the Australian Government decided that it would not propose
a Human Rights Act, despite the relevant recommendation of the
2008-09 National Human Rights Consultation. Instead, it introduced
a Human Rights Framework comprising several measures to enhance
human rights protection, including the Human Rights (Parliamentary
Scrutiny) Act 2011. The scrutiny regime under that Act was designed
to ensure rights would be given due consideration before
Commonwealth legislation was passed. The Act created a unique
'bipartite dialogue' system, involving a formal interchange on
rights compatibility between the executive and Parliament, while
excluding the courts. This set the Commonwealth apart from
jurisdictions such as the ACT, Victoria, New Zealand and the UK,
which have statutory rights instruments administered by their
courts. The book presents a detailed study of all aspects of the
scrutiny regime, and compares the regime with its closest
counterparts overseas. In assessing the regime's impact, it argues
that a system in which the executive and Parliament are responsible
both for protecting rights and for remedying rights breaches is
neither more legitimate nor more effective than one involving all
three branches of government. Accordingly, it calls for
strengthening reforms.
General
Imprint: |
Melbourne University Press
|
Country of origin: |
Australia |
Release date: |
September 2018 |
Authors: |
Adam Fletcher
|
Dimensions: |
217 x 142 x 31mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
438 |
ISBN-13: |
978-0-522-87410-5 |
Categories: |
Books
|
LSN: |
0-522-87410-X |
Barcode: |
9780522874105 |
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