Law making and human rights : executive and parliamentary scrutiny across Australian jurisdictions / edited by Julie Debeljak and Laura Grenfell.

Pyrmont, N.S.W. : Lawbook Co., 2020.

1st edition

89449

A.C.T. -- Human Rights Act 2004.

New Zealand -- New Zealand Bill of Rights Act 1990.

Australia -- Human Rights (Parliamentary Scrutiny) Act 2011.

Human rights.

Law reform.

Human rights -- Australia.

Law reform -- Australia.

Terrorism -- Prevention -- Australia.

1. Diverse Australian landscapes of law-making and human rights: contextualising law-making and human rights

Part I. Australia's federal statutory human rights instrument for law making

2. Human rights scrutiny in the Federal Parliament: Smokescreen or democratic solution?

3. Evaluating the impact of Australia's federal human rights scrutiny regime

4. Allowing for dissent: opening up human rights dialogue in the Australian Parliament

5. Economic and social rights in the Australian Parliamentary human rights scrutiny process

Part II. Statutory human rights instruments in the Australian Capital Territory, Victoria, New Zealand and the United Kingdom

6. Human rights scrutiny under the Human Rights Act 2004 (ACT)

7. Considering human rights in the development of legislation in Victoria

8. Parliamentary deliberation in the operation of the Victorian Human Rights Charter

9. Rights dialogue where there is disagreement under the Victorian Charter

10. Impact of the Victorian Charter upon policy and legislative development

11. Rights-vetting under the New Zealand Bill of Rights Act 1990

12. Law Making in the rights-hostile environment of the United Kingdom

Part III. Diverse practice across Queensland, New South Wales, Western Australia, South Australia, Tasmania and the Northern Territory

13. Queensland: scrutiny in context

14. New South Wales: insights into influencing the shape of criminal law making

15. Western Australia: the case for more formalised and heightened rights protection

16. South Australia: ad hoc and unsystematic rights protection in law making

17. Tasmania: time to move beyond the smoke and mirrors

18. Northern Territory: taking a rights-scrutiny leap forward and then sliding backwards

Part IV. Contemporary issues in law making and human rights

19. Scrutiny of a federal co-operative law

20. Influence of the Kable Principle on human rights in state law-making

21. Urgent law-making and the Human Rights (Parliamentary Scrutiny) Act

22. A dual scrutiny mechanisms for Australia's counter-terrorism law landscape: the INSLM and the PJCIS

23. Parliamentary scrutiny and insights for a first nations voice to Parliament

24. Parliamentary Committees facilitating Parliamentary deliberation: a case study of marriage equality reform

25. Future directions for engaging with human rights in law-making: is a culture of justification emerging across Australian jurisdiction?

Law Making and Human Rights examines how rights figure in the law-making process. The topics covered in this new title are presented by experts and scholars to offer a comprehensive analysis of how rights are scrutinised in all Australian jurisdictions. - Publisher's website.

Includes bibliographical references and index.

9780455242835

xliv, 819 p. ; 25 cm