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The Globalisation Of Human Rights Law, The Hon David K. Malcolm
The Globalisation Of Human Rights Law, The Hon David K. Malcolm
Law Papers and Journal Articles
Australia has ratified multiple international human rights instruments. However, in comparison to other common law jurisdictions, Australia is 'behind the times'. The fact is that Australia has not adopted a Bill of Rights and its human rights legislation is ad hoc The legal protection that different human rights receive in Australia is contradictory. The question of whether Australia should adopt a Bill of Rights and, if so, in what form and with what content is essentially political. Nonetheless, the answer to the question needs to be informed by a greater awareness of the role and function of human rights in …
Great Expectations: Inheritance, Equity And The Family Farm, Robyn Honey, Michelle Evans
Great Expectations: Inheritance, Equity And The Family Farm, Robyn Honey, Michelle Evans
Law Papers and Journal Articles
This article alerts farmers and those who advise them of the need for caution when making arrangements or agreements with family members regarding the future ownership and succession of the family farm. Such arrangements are frequently oral and informal. Promises are made and revised, and often unspoken ‘understandings’ are arrived at. This lack of legal formality gives rise to a propensity for matters to go badly and bitterly ‘wrong’. Furthermore, the article draws attention to the fact that, even where formal arrangements are made, they are vulnerable to challenge and the nature of the legal and equitable doctrines applicable in …
Freedom Of Speech And Criticism Of Religion: What Are The Limits?, Ben Clarke
Freedom Of Speech And Criticism Of Religion: What Are The Limits?, Ben Clarke
Law Papers and Journal Articles
This paper examines the challenges that confront the international community in seeking to harmonize fundamentally different world views. It explores antimonies that arise when freedom of expression and freedom of religion collide. A number of relevant controversies are noted. These include those surrounding: Salman Rushdie’s book The Satanic Verses; the Danish cartoons; the Dutch film Submission Part I; and the banning of head scarves in public institutions in some European States (5) but not others. (6) An expansive literature on these topics has already emerged. (7) Simultaneously, a number of ‘atheist manifestos’ have been published. Many of these books directly …
Censorship And Morality In Cyberspace: Regulating The Gender-Based Harms Of Pornography Online, Michelle Evans
Censorship And Morality In Cyberspace: Regulating The Gender-Based Harms Of Pornography Online, Michelle Evans
Law Papers and Journal Articles
This paper is the second of a two part paper. Part one, 'What's Morality got to do with it?: The Gender-based harms of Pornography', published in the previous volume of this journal, argued that Australia's approach to regulating pornography, namely censorship, fails to specifically address the gender-based harms caused by the production and distribution of pornography. Part one argued that the preferable approach, which specifically addresses these gender-based harms, is the sex equality approach to regulation, first formulated by American feminists Catharine A MacKinnon and Andrea Dworkin in the form of a civil rights ordinance. The ordinance allows persons harmed …