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It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Indigenous Peoples' Rights in Australia, Canada and New Zealand aims to provide a contemporary and contextual survey and analysis of the legal and political interaction between the `British settler' states of Australia, Canada and New Zealand, and the indigenous First Nation peoples they dispossessed.
A collection of essays on the war in Iraq; including pieces by Jean Chrétien and John Howard, the prime ministers during the war. When it was declared in 2003, the U.S.-led invasion of Iraq was intensely controversial. While a few of America's partners, like Australia, joined in the war, many, including Canada, refused to take part. However the war in Iraq was viewed at the time, though, it is clear that that war and the war in Afghanistan have had a profound and lasting impact on international relations. Australia, Canada, and Iraq collects essays by fifteen esteemed academics, officials, and politicians, including the prime ministers of Australia and Canada at the time of the war — John Howard and Jean Chretién, respectively. This volume takes advantage of the perspective offered by the decade since the war to provide a clearer understanding of the Australian and Canadian decisions regarding Iraq, and indeed of the invasion itself.
In the early nineteenth century, governments introduced kindergartens and infant schools to give children a head start in life. These programs hinged on new visions of childhood that origin-ated in England and Europe, but what happened when they were exported to the colonies? This book unwinds the tangled threads of this history, from early infant schools in England to three Commonwealth countries Canada, Australia, and New Zealand where systems of educating young children were transplanted but adapted to suit local ideas, politics, and populations. This unique, comparative approach to the history of early childhood education provides fresh insight into how to reconcile educational theory and practice in an increasingly global world.
Beauchamp prize essay, University of Sydney, 1902.
This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.
This edited collection brings together leading scholars to comparatively investigate national security, surveillance and terror in the early 21st century in two major western jurisdictions, Canada and Australia. Observing that much debate about these topics is dominated by US and UK perspectives, the volume provides penetrating analysis of national security and surveillance practices in two under-studied countries that reveals critical insights into current trends. Written by a wide range of experts in their respective fields, this book addresses a fascinating array of timely questions about the relationship among national security, privacy and terror in the two countries and beyond. Chapters include critical assessments of topics such as: National Security Intelligence Collection since 9/11, The Border as Checkpoint in an Age of Hemispheric Security and Surveillance, Unmanned Aerial Vehicles and Law Enforcement, as well as Federal Government Departments and Security Regimes. An engaging and empirically driven study, this collection will be of great interest to scholars of security and surveillance studies, policing, and comparative criminology.
This volume is the result of the Association for Canadian Studies in Australia and New Zealand (ACSANZ) 1995 conference held at La Trobe University in Melbourne, Australia. A special feature of the conference, though not its exclusive focus, was trade relations. But as with all ACSANZ conferences, the papers were wide-ranging and contributors were not limited to a single theme. This publication is a refereed collection from more than sixty papers that were presented and range from discussions of immigration policy in Canada and Australia to architectural practices in British Columbia; from Canadian influences on Australia's economic development to issues of identity politics in each nation's literature. In addition, the collection represents major research in the areas of globalization, migration, pluralism, and ethnic relations, with a strongly, though not exclusively, comparative orientation. This work is a co-publication with the International Council for Canadian Studies.