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Luke McNamara

Selected Works

Journal Articles

Articles 1 - 6 of 6

Full-Text Articles in Entire DC Network

The Merits Of Racial Hatred Laws: Beyond Free Speech, Luke Mcnamara Nov 2012

The Merits Of Racial Hatred Laws: Beyond Free Speech, Luke Mcnamara

Luke McNamara

No abstract provided.


Introduction: The Protection Of Law, Luke Mcnamara Nov 2012

Introduction: The Protection Of Law, Luke Mcnamara

Luke McNamara

No abstract provided.


The Common Law Construct Of Native Title: A 'Re-Feudalisation' Of Australian Land Law, Scott Grattan, Luke Mcnamara Nov 2012

The Common Law Construct Of Native Title: A 'Re-Feudalisation' Of Australian Land Law, Scott Grattan, Luke Mcnamara

Luke McNamara

No abstract provided.


Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Law In Canada, L. J. Mcnamara Nov 2012

Negotiating The Contours Of Unlawful Hate Speech: Regulation Under Provincial Human Rights Law In Canada, L. J. Mcnamara

Luke McNamara

Academic writing and media commentary on Canadian hate speech laws have focused heavily on the offences created by the Criminal Code and the restrictions in the Canadian Human Rights Act on telephonic communication of hate messages. In both cases, this intensity of interest has been prompted by a range of factors including the national operation of these laws, their mobilization against well-known and attention seeking racist organisations and individuals, and the fact that the Supreme Court of Canada has been called upon to rule on the constitutional validity and interpretation of both federal statutes. Consequently, there is a substantial body …


Human Rights Controversies - The Impact Of Legal Form, L. J. Mcnamara Nov 2012

Human Rights Controversies - The Impact Of Legal Form, L. J. Mcnamara

Luke McNamara

Many countries confront similar human rights controversies, but, despite the claimed universality of human rights values they are not always resolved in the same way. Why? What role do local legal conditions play? Is human rights discourse more potent where rights are constitutionally entrenched, rather than where there is a tradition of respect for underlying human rights values but no bill of rights? Comparative socio-legal examination of three recent controversies - double jeopardy reform, recognition of same-sex relationships and the operation of hate speech laws - in four countries - Australia, Canada, New Zealand and the United Kingdom provides answers …


The Commonwealth Racial Hatred Act 1996: Achievement Or Disappointment?, Luke Mcnamara, Tamsin Solomon Nov 2012

The Commonwealth Racial Hatred Act 1996: Achievement Or Disappointment?, Luke Mcnamara, Tamsin Solomon

Luke McNamara

WILE the Racial Hatred Bill 1994 was considered by many commentators to represent a serious threat to the very foundations of Australian democracy when it was first introduced into Parliament in November 1994, the passing of the Racial Hatred Act 1995 (Cth) by the Senate on 24 August 1995 attracted very little media attention.