ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book provides background for evaluating how well Australian institutions – governments, legislatures, courts, and tribunals – have been protecting human rights in the absence of a bill of rights, and for assessing proposals for practical reform aimed at enhancing such protection. It discusses the extent to which there has recently been a 'rights revolution' in Australia. The book describes the work within Australian parliaments of bipartisan committees charged with pre-enactment scrutiny of legislation according to human rights standards and other principles for good legislation. It describes part of the 'rights revolution' that has been achieved through legislation in Australia since the 1970s. The book discusses rights in the Australian constitution, including both express rights and those that the high court has found to be implied. It offers a powerful defence of statutory, as opposed to constitutional, bills of rights.