Book Review: Human Rights Acts: The Mechanisms Compared

(2016) Book Reviews, Australian Journal of Human Rights, 22:1, 203-226.

U. of Adelaide Law Research Paper No. 156

Posted: 22 Oct 2018

See all articles by Matthew T. Stubbs

Matthew T. Stubbs

University of Adelaide - School of Law

Date Written: October 19, 2018

Abstract

To protect human rights in a dualist common-law country, the options of a constitutional Bill of Rights, a statutory Human Rights Act, and the default position — a fragmentary combination of common-law principles and anti-discrimination statutes — are well known. Many of those who perceive the inherent weaknesses of the latter model, yet are pragmatic about the political strength of the conservative objections to the former on the grounds of judicial activism (see, for example, Allan 2002; Allan and Cullen 1997; Allan 2001a; 2001b) or interference with parliamentary supremacy (see, for example, Winterton 2006), are drawn to the relative merits of Human Rights Acts (see, for example, Webber 2006), such as now exist in the United Kingdom (Human Rights Act 1998), Ireland (European Convention on Human Rights Act 2003), New Zealand (New Zealand Bill of Rights Act 1990) and some Australian jurisdictions (Human Rights Act 2004 (ACT); Charter of Human Rights and Responsibilities Act 2006 (Vic)).

Keywords: Human Rights, Australia, Human Rights Mechanisms, Human Rights Act

JEL Classification: K10, K19

Suggested Citation

Stubbs, Matthew T., Book Review: Human Rights Acts: The Mechanisms Compared (October 19, 2018). (2016) Book Reviews, Australian Journal of Human Rights, 22:1, 203-226., U. of Adelaide Law Research Paper No. 156, Available at SSRN: https://ssrn.com/abstract=3269625

Matthew T. Stubbs (Contact Author)

University of Adelaide - School of Law ( email )

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Adelaide 5005, South Australia SA 5005
Australia
+61883133530 (Phone)

HOME PAGE: http://www.adelaide.edu.au/directory/matthew.stubbs

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