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• Title:Human rights under the Australian constitution / George Williams and David Hume.
  
•    
• Author/Creator:Williams, George, 1969-
  
• Other Contributors/Collections:Hume, David (Writer on law)
  
• Published/Created:South Melbourne, Vic. : Oxford University Press, 2013.
  

• Holdings

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  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KU2095 .W55 2013
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Human rights--Australia.
  Constitutional law--Australia.
  
• Edition:2nd ed.
  
• Description:xxxii, 388 p. ; 25 cm
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780195523119 (pbk.)
  0195523113 (pbk.)
  
• Contents:Machine generated contents note: 1. Human rights in Australia
  1. Introduction
  2. What are human rights?
  3. legal protection of human rights in Australia
  3.1. State and territory law
  3.2. Federal statute law
  3.3. Commonwealth parliamentary processes
  4. International law
  4.1. Shaping the interpretation of statutes
  4.2. Informing the development of the common law
  4.3. Providing extra-legal facts which can have legal consequences
  4.4. Affecting procedural powers and obligations?
  5. common law as a source of rights and freedoms
  5.1. Statutory construction and human rights
  5.2. Statutory construction: the principle of legality
  5.2.1. Overview
  5.2.2. Breadth and depth of the principle of legality
  5.2.3. future of the principle of legality
  5.3. Are there `fundamental rights and freedoms' which cannot be abrogated?
  5.4. common law and the Constitution
  6. state of human rights protection in Australia
  2. drafting of the Australian Constitution
  1. Introduction
  2. making of the Australian Constitution
  3. influence of comparative models
  4. Human rights at the constitutional conventions
  5. Andrew Inglis Clark's draft constitution
  6. Clauses 46 and 81: freedom of religion
  7. Clause 65: trial by jury
  8. Equal protection of the laws, and due process of law
  9. framers, human rights, and cl 110
  9.1. Responsible, not republican, government
  9.2. Maintaining discriminatory laws
  10. issue of race in other clauses
  11. rights of women
  12. Constitutional amendments and human rights
  13. Underlying principles
  3. Constitutional interpretation
  1. Introduction
  2. Literalism and the Engineers Case
  2.1. Engineers Case
  2.2. Literalism, legalism and human rights
  2.3. Challenges to the Engineers Case
  2.3.1. Extrinsic factors in constitutional interpretation
  2.3.2. Substance, not just form
  2.3.3. Inconsistent applications of literalism
  2.3.4. Literalism and the construction of express constitutional guarantees
  3. History and constitutional interpretation
  3.1. Convention debates as an aid to interpretation
  3.2. Limiting constitutional rights by use of the Convention debates
  3.3. Originalism and dynamic development
  4. Popular sovereignty
  5. `Abstraction' from power by constitutional guarantees
  6. Human rights principles in constitutional interpretation
  4. text and structure of the Australian Constitution
  1. Introduction
  2. Rights protections in the Australian Constitution
  3. Federalism
  3.1. Federalism as a human rights protection
  3.2. Implications from federalism
  4. separation of powers
  4.1. Limits on `legislative power'
  4.2. Limits on executive power
  4.3. separation of judicial power
  5. Representative government
  6. Responsible government
  6.1. nature and constitutional basis of responsible government
  6.2. Responsible government and the protection of rights
  7. rule of law
  7.1. Implications from the rule of law
  8. Proportionality
  8.1. Factors bearing on proportionality
  9. `Freedoms' or `immunities' and `rights' or `individual rights'
  9.1. Consequences
  9.2. doctrinal basis
  10. Remedies for `breach' of the Constitution
  5. Freedom of political communication
  1. Introduction
  2. development of the implied freedom of political communication
  2.1. Murphy supernova
  2.2. High Court discerns and develops the freedom
  2.3. Securing the basis of the freedom
  2.4. Post-Lange development of the freedom
  3. systemic basis of the freedom and its consequences
  3.1. Narrower basis than other free speech protections
  3.2. Not an `individual right' to speak
  3.3. Foreign jurisprudence is of limited assistance
  3.4. Operates at least as a `vertical' immunity
  3.5. status of the person who expresses the communication
  3.6. severity of the burden on receipt of information is relevant
  4. Political communications: `coverage' of the implied freedom
  4.1. Exclusions: non-political communications
  4.2. Exclusions: non-federal communications
  4.3. Inclusions: communications on federal political issues
  4.4. Categorical exclusions?
  4.5. Are some political communications more important than others?
  5. `Effective burden' on the implied freedom
  5.1. greater role for this limb?
  5.2. Is there a need for a pre-existing common law or statutory freedom?
  5.3. Direct and incidental burdens
  6. `Compatible ends'
  6.1. Laws advancing interests other than the constitutionally prescribed systems
  6.2. Laws advancing the constitutional systems
  6.2.1. Laws advancing aspects of the constitutionally prescribed systems other than freedom of communication
  6.2.2. Laws advancing the constitutionally prescribed systems by enhancing freedom of communication
  6.3. Incompatible ends
  7. Proportionality
  8. Derivative freedoms: political movement and political association
  6. right to vote and equality of voting power
  1. Introduction
  2. Commonwealth Parliament's power to prescribe the franchise
  3. Could s 41 protect a right to vote?
  4. `Directly chosen by the people' and universal suffrage
  4.1. development of ss 7 and 24 as the basis of universal suffrage
  4.2. Conditional exceptions to universal suffrage
  4.3. Fundamental debates about judicial review and rights
  5. Equality of voting power
  7. Civil rights
  1. Introduction
  2. Religious rights
  2.1. Overview of s 116
  2.2. `making of law'
  2.3. `For'
  2.4. `Establishing' any religion
  2.5. `Prohibiting the free exercise of any religion'
  2.6. `Religion'
  3. Rights of out-of-state residents
  3.1. Section 117 and equality protections
  3.2. narrow approach to s 117
  3.3. broad approach to s 117
  3.4. future of s 117
  8. Economic rights
  1. Introduction
  2. Acquisition of property on just terms
  2.1. Overview
  2.2. `Acquisition': taking
  2.3. `Acquisition': acquisition of an interest' in property
  2.4. `Property'
  2.5. `Just terms'
  2.6. `For any purpose in respect of which the Parliament has power to make laws'
  2.7. Application to the states and territories
  2.8. Laws which acquire property but are not covered by s 51 (xxxi)
  3. Freedom of interstate trade, commerce and intercourse
  3.1. rise and fall of the `individual rights' approach
  3.2. post-Cole v Whitfield approach
  3.3. freedom of interstate intercourse
  4. Civil conscription
  9. Judicial power
  1. Introduction
  2. Judicial review
  2.1. Judicial review of constitutional validity
  2.2. Judicial review of Commonwealth public power
  2.3. Judicial review of state public power
  3. Exclusively judicial powers
  3.1. Punishment consequent on a determination of guilt
  3.2. Detention authorised otherwise than by judicial order
  3.3. Overturning an exercise of Commonwealth judicial power
  3.4. Retrospective criminal laws
  4. Trial by jury
  4.1. Overview of s 80
  4.2. `Trial ... on indictment'
  4.3. `Trial ... by jury'
  4.4. `Shall' be by jury
  4.5. `Offence'
  5. `Due process' in the exercise of judicial power
  5.1. Independence and impartiality
  5.2. Processes or functions repugnant to Ch III
  5.2.1. Reasons for decision
  5.2.2. open court principle
  5.2.3. `Vague' or `polycentric' standards
  5.2.4. Procedural fairness.