Protecting Rights Without A Bill Of Rights

PROTECTING RIGHTS WITHOUT A BILL OF RIGHTS:  INSTITUTIONAL PERFORMANCE AND mend IN AUSTRALIA, by Tom Campbell, Jeffrey Goldsworthy and Adrienne Stone (eds).  Aldershot, UK:  Ashgate, 2006. 
 
Reviewed by David Erdos, ESRC Postdoctoral Fellow, segment of Politics, University of York.  Email:  de508 [at] york.ac.uk.
 
Although there are clear signs that moves to adopt both(prenominal) form of national Bill of Rights are gathering change magnitude momentum (see e.g. Grattan, 2007), Australia remains unique within the advanced change world in lacking any such instrument.  The leave behind is a peculiar system of rights protection which makes this case of particular(a) importance to scholars of comparative constitutionalism.  PROTECTING RIGHTS WITHOUT A BILL OF RIGHTS, therefore, fills a clear gap in this literature by providing a one-volume, multi-authored and up-to-date overview of some of the most important aspects of this case.  As a result, and despite some flaws, this work should prove a semiprecious edition to the socio-legal section of university libraries and the personal bookshelf of many comparative constitutionalists.




 
As the introduction to the book by Jeffrey Goldsworthy states, the volume betokens to provide multipurpose background for evaluating how well Australian institutions governments, legislatures, courts, and tribunals have been at defend human rights in the absence of a bill of rights, and for assessing proposals for interoperable reform aimed at enhancing such protection (p.4).  Although one section does consider particular human rights issues such as proportion rights and the position of indigenous people, the book does not, and presumably does not aim to, provide an audit of how effective Australia currently is at defend human rights.  Rather, the focus is on both the institutional mechanisms via which such rights are currently protected and on how such mechanisms may be improved and/or supplemented in the future.
 
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