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The Charter of Rights Debate: A Battle of the Models

Australian International Law Journal
Volume 16 (2009)

Abstract: Since the Hon Robert McClelland launched the National Human Rights Consultation on 10 December 2008, policy and legislative circles have been abuzz with talk of shoring up Australia's commitment to the protection of human rights and the potential enactment of a Charter of Rights. This article seeks to contribute to the debate by comparing the two dominant models of statutory Charter mechanism that have been on the policy table: the dialogue model, which parallels statutory models adopted in the UK as well as domestically in Victoria and the ACT; and the model based on the Canadian Bill of Rights, proffered by the Hon Michael McHugh AC QC. Ultimately, utilising the issue of asylum seekers as a case in point, it is concluded that while the dialogue model carries greater conceptual weight, the model proffered by the Hon Michael McHugh is a more practical model of redress for individual human rights grievances.

To cite this article: Kolodizner, Irina. The Charter of Rights Debate: A Battle of the Models [online]. Australian International Law Journal, Vol. 16, 2009: [219]-232. Availability: <http://search.informit.com.au/documentSummary;dn=562306788243980;res=IELHSS> ISSN: 1325-5029. [cited 08 Feb 16].

Personal Author: Kolodizner, Irina; Source: Australian International Law Journal, Vol. 16, 2009: [219]-232 Document Type: Journal Article ISSN: 1325-5029 Subject: Human rights; Common law; Constitutional law; Civil rights; Asylum, Right of; Peer Reviewed: Yes

Database: Humanities & Social Sciences Collection