Towards a Democratic Bill of Rights

Datos Bibliográficos

ID6234047
AutoresNicholas Barry (0000-0002-0042-1513, La Trobe University), Tom Campbell (0000-0003-4328-9660, Charles Sturt University)
Año2011
Volumen46
Número1
Páginas71-86
Fecha de publicación2011-03-01
Peer ReviewedSí
Open AccessNo
TipoARTICLE
RevistaAustralian Journal of Political Science (JOURNAL)
Identificadores de la revistaISSN: 1036-1146 • E-ISSN: 1363-030X
EditorialInforma UK Limited (PUBLISHER • GB)
DOI10.1080/10361146.2010.544288
OpenAlexW2084616403
IdiomaEN
Citas recibidas2
Referencias citadas17

This paper examines two different bill of rights models for Australia: the Dialogue model and a Democratic model. The Dialogue model aims to protect rights through a bill of rights, strong political review mechanisms, intergovernmental dialogue, and rights-based judicial review. The paper argues that, despite its popularity, there are serious problems with the legitimacy and effectiveness of the Dialogue model and it outlines an alternative model, a 'democratic bill of rights', which attempts to avoid these problems by strengthening democratic institutions and political review mechanisms without adopting rights-based judicial review. The paper concludes that a democratic bill of rights is likely to be an effective and more democratically legitimate way of protecting and promoting human rights in Australia. Additional informationNotes on contributorsNicholas BarryDr Nicholas Barry is a Lecturer in the Politics and International Relations Program, La Trobe University, Melbourne. Barry's research interests include political theory, Australian politics, and rights protection. Professor Tom Campbell is Convener of the Centre for Applied Philosophy and Public Ethics, Charles Sturt University, Canberra. Professor Campbell specialises in legal and political philosophy, justice, rights, business and professional ethics and Adam Smith. The authors would like to thank audiences at Charles Sturt University, La Trobe University, and the 2010 Australasian Political Studies Association conference for their comments on earlier versions of the article. They would also like to thank the ARC for supporting the project. This paper draws on research conducted while Nicholas Barry was a Research Fellow at the Centre for Applied Philosophy and Public Ethics, Charles Sturt University

Bill of rights · Democracy · Democratic legitimacy · Fundamental rights · Human rights · International human rights law · Law and economics · Legitimacy · Political science · Politics · Popularity · Sociology · Judicial and Constitutional Studies · Law · Ombudsman and Human Rights · Political Systems and Governance