Limitations of a Charter of Rights in the Age of Counter-Terrorism

38 Pages Posted: 4 Mar 2008

See all articles by Joo-Cheong Tham

Joo-Cheong Tham

University of Melbourne

K. D. Ewing

King's College London – The Dickson Poon School of Law

Abstract

A central claim made by Australian proponents of a charter of rights like the Charter of Human Rights and Responsibilities Act 2006 (Vic) ('Victorian Charter') is that it will improve the protection of human rights in the field of counter-terrorism. This article provides a critique of this claim by identifying the risk that the Victorian Charter will take a court-centred trajectory - a course that may undermine the protection of human rights. It further argues that comparative arguments, especially those based on the Human Rights Act 1998 (UK) c 42, are problematic. The article concludes by sketching out an alternative to a court-centred approach to the Victorian Charter by drawing upon the idea of a community-based charter of rights.

Keywords: charter, rights, counter, terrorism, human rights, Victoria

JEL Classification: K33, K40

Suggested Citation

Tham, Joo-Cheong and Ewing, K. D., Limitations of a Charter of Rights in the Age of Counter-Terrorism. Melbourne University Law Review, Vol. 31, No. 2, 2007; U of Melbourne Legal Studies Research Paper No. 312. Available at SSRN: https://ssrn.com/abstract=1101184

Joo-Cheong Tham (Contact Author)

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

K. D. Ewing

King's College London – The Dickson Poon School of Law

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom
+44 (0)20 7836 5454 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
149
Abstract Views
1,115
rank
194,137
PlumX Metrics