Evaluating the Human Rights Performance of Australian Legislatures: A Research Agenda and Methodology

33 Pages Posted: 27 Jul 2005

See all articles by Carolyn M. Evans

Carolyn M. Evans

University of Melbourne - Melbourne Law School

Simon Evans

University of Melbourne Law School

Abstract

Parliaments play an essential yet under-explored role in the protection and undermining of human rights. Both theoretical and political debate have emphasised the importance of the role of parliament, and academics such as Jeremy Waldron have defended legislatures as capable of playing a sophisticated role in applying rights to particular circumstances. In this paper we set out a methodology for testing the claims that parliaments are capable of protecting human rights. We also critically analyze some of the common methods utilized for measuring rights, in part by reference to developments in rights theory. This paper is part of a wider project on parliaments and human rights in Australia. Australia is a particularly important testing ground for such theories as, despite a public commitment by its leadership to human rights, it has no formal bill of rights and thus little by way of judicial review of rights.

Keywords: human rights, australia

JEL Classification: K00, K10

Suggested Citation

Evans, Carolyn M. and Evans, Simon, Evaluating the Human Rights Performance of Australian Legislatures: A Research Agenda and Methodology. U of Melbourne Legal Studies Research Paper No. 123. Available at SSRN: https://ssrn.com/abstract=771224 or http://dx.doi.org/10.2139/ssrn.771224

Carolyn M. Evans (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
613 8344 1102 (Phone)
613 8344 9900 (Fax)

Simon Evans

University of Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 4751 (Phone)
61 3 9347 2392 (Fax)

Register to save articles to
your library

Register

Paper statistics

Downloads
272
Abstract Views
1,525
rank
111,985
PlumX Metrics