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25 - A Bill of Rights

from Part VI - Contemporary Public Controversies

Published online by Cambridge University Press:  05 June 2012

Rodney Smith
Affiliation:
University of Sydney
Ariadne Vromen
Affiliation:
University of Sydney
Ian Cook
Affiliation:
Murdoch University, Western Australia
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Summary

Different democratic theories suggest different approaches to the protection and promotion of particular rights (see Chapter 1). A Bill of Rights has been a common institutional protection in many modern democracies. In Australia, however, contention remains as to whether or not other institutional protections of rights are adequate. Other levels of debate are also evident. While liberal feminists, for example, might welcome the protection of women’s rights in such a Bill (see Chapter 4), other critical theorists would argue that a Bill of Rights can do little to shift fundamental inequalities of class, gender and race in Australia. In any case, the institutional barriers to a Bill of Rights in Australia are strong (see Chapter 2). One of the key hurdles any constitutionally entrenched Bill of Rights would have to clear is the reluctance to support constitutional reform (see Chapter 3) that has been noted in behaviouralist studies of the Australian electorate. A considerable discourse around rights has grown in Australia (see Chapter 5), much of it influenced by international norms (see Chapter 6).

Type
Chapter
Information
Contemporary Politics in Australia
Theories, Practices and Issues
, pp. 286 - 295
Publisher: Cambridge University Press
Print publication year: 2012

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References

Campbell, T Goldsworthy, J Stone, A Protecting rights without a Bill of Rights Ashgate Aldershot
Chappell, L Chesterman, J Hill, L 2009 The politics of human rights in Australia Cambridge University Press Melbourne
Williams, G 2007 A charter of rights for Australia UNSW Press Sydney

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