50 human rights cases that changed Australia by Lucy Geddes & Hamish McLachlanThe first book of its kind, 50 Human Rights Cases that Changed Australia summarises Australia's 50 most significant and influential human rights cases. The cases include landmark human rights cases from all Australian states and territories. They range from the seminal freedom of expression and First Nations land rights cases of the 1990s, to lesser-known earlier cases on civil liberties and criminal procedure and more recent advances in LGBTIQA+ rights, environmental rights, and the rights of people with disabilities. Each case summary explains, in plain language, the facts, the issues and the outcome of the case. Each summary also contains key quotes from the judgment, commentary situating the case in its social and political context, and critical analysis of the case's impact. The first half of the book contains summaries of cases that have advanced the rights of particular groups in the Australian community: First Nations rights; women's rights; LGBTIQA+ rights; disability rights; children's rights; asylum seeker and refugee rights; prisoners' rights. The second half of the book contains summaries of cases dealing with particular human rights: the right against racial discrimination; the right to liberty; criminal justice rights; the right to freedom of expression; democratic rights; the right to a healthy environment; and the rule of law. The cases demonstrate the potential of the law to achieve justice, as well as its limitations. They also reveal Australia's human rights protections to be piecemeal and inadequate -- illustrating the urgent need for a constitutional bill of rights. Written by two practising human rights lawyers, this anthology is an essential resource for law students, lawyers and activists. It also provides an engaging overview to anyone who might be curious about how the law, and in particular litigation, has advanced human rights in Australia.
Call Number: KM 201 K1 GEDD
Publication Date: 2023
Making migration law by Eve LesterThe emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.
Call Number: eBook
Publication Date: 2018
Asylum by boat by Claire HigginsIn the late 1970s, 2000 Vietnamese arrived in Australia by boat, fleeing persecution. Their arrival presented a challenge to politicians, but the way the Fraser government handled it, and the resettlement of tens of thousands more Indochinese refugees, marked a turning point in Australia's immigration history. Turn-backs and detention were proposed, and rejected. Claire Higgins' important book recounts these extraordinary events. It is driven by the question of how we moved from a humanitarian approach to policies of mandatory detention − including on remote islands − and boat turn-backs.
Call Number: eBook
Publication Date: 2017
Asylum by boat by Claire HigginsIn the late 1970s, 2000 Vietnamese arrived in Australia by boat, fleeing persecution. Their arrival presented a challenge to politicians, but the way the Fraser government handled it, and the resettlement of tens of thousands more Indochinese refugees, marked a turning point in Australia's immigration history. Turn-backs and detention were proposed, and rejected. Claire Higgins' important book recounts these extraordinary events. It is driven by the question of how we moved from a humanitarian approach to policies of mandatory detention − including on remote islands − and boat turn-backs.