Category: Australia
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Institutional dialogue and human rights in Victoria
For those interested in the evolution of Gardbaum’s ‘new Commonwealth model of constitutionalism’ and the potential for the design of a rights instrument to promote inter-institutional dialogue a recent decision of the Court of Appeal of the Supreme Court of the Australian State of Victoria deserves attention: The Queen v Momcilovic [2010] VSCA 50 Victoria…
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The Debate about a Rights Charter in Australia – Part 2
Yesterday, the Australian government released the Report of the National Human Rights Consultation Committee, on whether Australia should make changes to its current system of human rights protection. See http://www.humanrightsconsultation.gov.au/www/nhrcc/nhrcc.nsf/Page/Report_NationalHumanRightsConsultationReportDownloads The Report contains 31 distinct recommendations for change in this area – some of which are clearly quite minimalist (e.g.
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The Debate about a Rights Charter in Australia – Part 1
Earlier this week, the National Human Rights Consultation Committee in Australia submitted its final report to the Australian government about whether Australia should adopt a national statutory rights charter, and if so, in what form– see Earlier this week, the National Human Rights Consultation Committee in Australia submitted its final report to the Australian government…
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The Spending Power in Australia
A recent decision of the Australian High Court has answered some questions about the source and scope of the federal spending power although many remain unresolved. Pape v Commissioner of Taxation [2009] HCA 23 also is of interest for a range of other purposes, including the interface between federalism and other institutional arrangements and comparative…