(DOWNLOAD) "Balancing Rights in a Democracy: The Problems with Limitations and Overrides of Rights Under the Victorian Charter of Human Rights and Responsibilities Act 2006." by Melbourne University Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Balancing Rights in a Democracy: The Problems with Limitations and Overrides of Rights Under the Victorian Charter of Human Rights and Responsibilities Act 2006.
- Author : Melbourne University Law Review
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 454 KB
Description
[Under the Charter of Human Rights and Responsibilities Act 2006 (Vic) ('Victorian Charter), the Victorian Parliament protects a range of civil and political rights. The rights are subject to restricting provisions, including a general limitation clause which allows all rights to be subject to such reasonable limits as can be demonstrably justified in a free and democratic society, and on override provision which allows the suspension of the operation of specified Victorian Charter rights in relation to overriding legislation for a renewable period of five years. This article will explore the theoretical underpinnings of the rights-restricting mechanisms before critiquing the mechanisms adopted under the Victorian Charter against comparable international, regional and domestic human rights instruments, and against the underlying objectives of the Victorian Charter--the preservation of parliamentary sovereignty and the creation of an institutional dialogue about rights. This analysis will demonstrate that the rights-restricting mechanisms under the Victorian Charter are flawed devices because they go beyond the restrictions ordinarily accepted under international, regional and domestic human rights law; reach beyond what is needed to establish an institutional dialogue; and tend to unnecessarily promote parliamentary sovereignty at the expense of human rights accountability, justification and scrutiny.] I INTRODUCTION
 "Balancing Rights in a Democracy: The Problems with Limitations and Overrides of Rights Under the Victorian Charter of Human Rights and Responsibilities Act 2006." by Melbourne University Law Review # Book PDF Kindle ePub Free){kind=link}