This course will explore the theoretical debates around the desirability of protecting human rights via constitutional and other models of bills of rights. Comparative analysis will involve study of bills of rights in a number of jurisdictions, which may include an examination of the South African, Indian and other experiences. … For more content click the Read More button below.
Main Topics
Human rights - their origin, meaning and content, and competing models of the protection of human dignity and relationships;International obligations relating to the implementation of human rights at the national level and the different categories of rights (civil and political, economic, social and cultural, and third generation rights;The implementation and protection of human rights without a bill of rights;Models of bills of rights - judicially enforceable and other models, constitutionally entrenched and statutory bills of rights;The status of economic, social and cultural rights, the desirability and practicability of including them in constitutional or statutory charters of rights, and means of implementing and enforcing such rights;Debates about Bills of Rights in Australia and the development of modern Australian charters of rights;The ACT Human Rights Act 2004-and the Victorian Charter of Human Rights and Responsibilities: origins, structure, content and impact;The prospects for a federal Charter of Rights and future developments at the State and Territory level.
This course will explore the theoretical debates around the desirability of protecting human rights via constitutional and other models of bills of rights. Comparative analysis will involve study of bills of rights in a number of jurisdictions, which may include an examination of the South African, Indian and other experiences. It will also include a comparative examination of statutory bills of rights in Australia, focusing on the impact of the human rights charters in the ACT and Victoria on policy-making, government decision-making, legislative processes, and in the courts, will engage with the ongoing debate about the adoption of bills of rights in Australia. Among other topics, this course will address debates surrounding the protection of socio-economic rights, including their the status as rights, the desirability and practicability of including them in constitutional or statutory charters of rights, and means of implementing and enforcing such rights.
Main Topics
- Human rights - their origin, meaning and content, and competing models of the protection of human dignity and relationships;
- International obligations relating to the implementation of human rights at the national level and the different categories of rights (civil and political, economic, social and cultural, and third generation rights;
- The implementation and protection of human rights without a bill of rights;
- Models of bills of rights - judicially enforceable and other models, constitutionally entrenched and statutory bills of rights;
- The status of economic, social and cultural rights, the desirability and practicability of including them in constitutional or statutory charters of rights, and means of implementing and enforcing such rights;
- Debates about Bills of Rights in Australia and the development of modern Australian charters of rights;
- The ACT Human Rights Act 2004-and the Victorian Charter of Human Rights and Responsibilities: origins, structure, content and impact;
- The prospects for a federal Charter of Rights and future developments at the State and Territory level.
