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Human rights

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Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper May 2015

Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper

Danielle Ireland-Piper

The constitutionalism of a nation says much about its national identity. Sections 25 and 51(xxvi) of the Australian Constitution are at odds with Australia’s international obligations under the United Nations Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Further, Australia’s current asylum seeker policy is a perversion of our obligations under the Convention relating to the Status of Refugees. These failures to comply with our international obligations are at best, relics of a racist colonial history, and at worst, manifestations of our contemporary national identity. Whilst some may argue that there are other states in …


Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly Dec 2012

Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly

Erin Daly

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …