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Books > Law > Jurisprudence & general issues > Comparative law
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The Legal Protection of Rights in Australia (Hardcover)
Loot Price: R3,347
Discovery Miles 33 470
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The Legal Protection of Rights in Australia (Hardcover)
Expected to ship within 12 - 17 working days
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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.
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