"The globalisation of human rights law" by The Hon David K. Malcolm
 

Abstract

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 Australia.

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Peer-reviewed

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